A 27-year-old Pembroke man -- sporting a wide smile -- yesterday walked out of Supreme Court a free man after a jury unanimously found him not guilty of a five-count indictment which included charges of serious sexual assault, deprivation of liberty, and having unlawful carnal knowledge of a girl under 14.

The defendant, who cannot be identified for legal reasons, was accused by his underage ex-girlfriend of kidnapping her from a downtown Hamilton street on August 12, 1994, and taking her to a Dundonald Street warehouse where he allegedly brutally beat and sexually assaulted her. The complainant told the court she was pregnant and suffered a miscarriage because of the attack.

She testified on the opening day of his Supreme Court trial that she was only 13-years-old when she met and eventually moved in with the accused, who was ten years her senior and had a previous conviction for sleeping with an underage girl.

During the trial the court heard testimony from three witnesses who said they saw her with facial bruises, swelling, and bloodied eyes shortly after the alleged assault. It also heard the accused admit that he punched the complainant in the mouth because he was provoked.

But the defence argued throughout the four-day trial the young woman fabricated the whole incident to get revenge on the accused for trying to end their illegal relationship.

Defence counsels Kim Wilson and Sharon Kenny read love letters and cards penned by the complainant where she talks of their unborn love child, marriage, and her obsession for the accused.

Obsession, the defence maintained, lay at the heart of the strange and stormy relationship. The defendant testified the complainant continually stalked him, vandalised his car, threatened suicide, and said she would report him to Police for sleeping with a minor if he tried to end the relationship.

Defence witnesses told the court how on two occasions the complainant "came out of nowhere'' to attack them.

One witness, wiping tears from her eyes, told the court how the complainant -- in a rage -- jumped onto her lap as she was sitting on a park bench and tore her ear off with her teeth.

Ironically the only fact (and charge) not in dispute -- that the accused slept with the complainant when she was 13-years-old -- fell victim to a legal technicality.

Puisne Judge Norma Wade agreed with the defence that the Crown failed to produce evidence of the complainant's age and therefore failed to prove its case. It was a serious blow to the Crown, represented by Khamisi M. Tokunbo and JoDina Pearman.

"Certainly with respect to count three (having unlawful carnal knowledge) you're a very, very lucky young man and I trust in the future you'll stay away from young women,'' Mrs. Justice Wade told the defendant following the verdict.

He was given similar advice by his defence team. Justice was done they told The Royal Gazette , but with respect to count three "we told him to stay away from young girls,'' said Ms Kenny.

Mr. Tokumbo told The Royal Gazette the Crown is "looking at'' appealing the no-case ruling.