Senior Magistrate the Wor. Will Francis yesterday dismissed a court official's claim that a taxi driver behaved offensively and assaulted him in a congested parking lot.

Now Magistrates' Court administrator Tracey Kelly, who made the claim, may have to fork out close to $1,000 if the case is taken to civil court.

Earlier this week, Kelly told the court that 40-year-old Terrence Darrell Flood spat at him in the Transport Control Department's parking lot on December 31 and told him to "go back to court'' where he belonged.

He said as he parked his car and got out, Flood approached him and began shouting and waving his arms. At that point he "gently pushed'' Flood away from him.

Kelly said Flood wanted him to move his car, but he was parked in a proper bay. Feeling threatened, he said he shouted for someone to call the Police.

He said Flood finally calmed down and moved away and he (Kelly) left on a motorcycle with his girlfriend who Flood also verbally abused.

But Flood denied using offensive behaviour and assaulting Kelly.

He said he asked Kelly to move his car which was parked in a prohibited area and blocking traffic.

When Kelly refused, Flood said he told him he was acting like a "very childish idiot''.

Then, he added, Kelly jumped out of his car in "a very threatening manner'' and pushed him, asking who he was calling a childish idiot.

"I told him if he was in a designated parking bay there would not be a need to approach him,'' Flood said.

"At this point, he threatened to take me and the other driver on. He's much bigger than me.'' Flood stressed that he never spat or cursed at Kelly. He also denied using profanity and threatening Kelly's girlfriend who arrived on the scene toward the end of the incident. And he produced three witnesses, including TCD traffic officer Vaughn Davis, to support his story.

Flood's brother, Tyrone, and another witness, Bruce Eric Marshall, both testified that Kelly came out of his car in an "aggressive manner'' and after pushing Flood, Kelly drove off.

On hearing the evidence, Mr. Francis said he found Flood's witnesses credible, particularly Marshall and Davis who had no reason to lie. He dismissed the case.

Flood, who pointed out that he was self-employed and had lost over a $1,000 since he began fighting the charges, asked for compensation from Kelly.

Mr. Francis said he might have considered ordering compensation if the case was a private prosecution. But he noted that Police brought the case to court.

"If you want to take this further civilly then do that,'' he told Flood who said he would.