A man accused of fondling a six-year-old girl walked free from Magistrates' Court yesterday after Acting Magistrate Justin Williams found he had no case to answer.

The six-week trial of the 31-year-old St. George's man came to its dramatic climax in a court room filled with supporters of both the defendant and the alleged victim, as well as children's advocates.

The six charges against the man, who cannot be named for legal reasons, alleged he had sexually assaulted the girl on at least three occasions.

Mr. Williams pointed out that the primary witness in the case had been the young girl who offered unsworn evidence due to her tender age.

While evidence had been heard from Police officers as well as the girl, her mother and the girl's paediatrician Dr. Bente Lundh, none of the evidence supported the girl's story to such an extent that it could not be explained by other circumstances, said Mr. Williams.

The offences were alleged to have occurred while the accused man's wife was employed by the victim's family.

Although the Police went to the accused's home in search of corroborative evidence, "nothing of an evidential nature was found'', said Mr. Williams.

And while Dr. Lundh testified the girl had red marks around her vaginal area, the marks were minimal and may have been caused by something other than sexual abuse.

Mr. Williams said the girl's evidence had been "tenuous and vague'' and contained too many inconsistencies for a conviction.

Judge: Alleged sex offender had no case to answer "I was not impressed with her as a witness even allowing for her tender age,'' said Mr. Williams.

He then cited over a dozen examples of inconsistencies in the testimony of the girl, who is now seven years old.

Among the problems were: The girl had claimed the man fondled her with both hands while driving a bike on one occasion and a car on another; she had said his house was three different colours on three separate occasions; she testified the man who fondled her had hair on his head while her mother testified that the accused had a shaved head that summer; and, she told Police she had watched a pornographic video at his house but when in court she said she had not.

Mr. Williams said that it was not until he allowed Mr. Wolffe to ask leading questions that the girl told her story of the abuse in court.

He explained while the law in relation to sexual offences had been changed so that victim's testimony need not be corroborated, the Evidence Act made it clear that in cases where child witnesses deliver unsworn testimony it must be.

"I have no doubt the prosecution must produce corroborative evidence,'' he said.

Prosecutor Juan Wolffe had attempted to introduce expert testimony during the trial but it was determined to be inadmissible under Bermuda law.

In his judgment, however, Mr. Williams said that even if he had heard evidence with regard to a recent complaint or from Dr. Dell Duncan, "neither would have amounted to corroboration''.

While Mr. Williams accepted the application of defence attorney Elizabeth Christopher that there was no case to answer, he said that had the case proceeded "I would have acquitted on the basis I had a reasonable doubt.

"Accordingly, I dismiss the charges.''