found not guilty of assault and other charges yesterday.

BIU treasurer Colin Simmons of Tribe Road No. 3, Pembroke, was acquitted in Magistrates' Court of assault, violently interfering with political liberty, behaving in a threatening manner, and using threatening behaviour at a public meeting.

All the offences were allegedly committed on George Rushe, who was a BIU member at the time. Rushe brought the criminal charges in a private prosecution.

Senior Magistrate the Wor. Will Francis ruled Rushe knew he could not attend a special BIU meeting at union headquarters on July 2.

Rushe said yesterday he was considering an appeal. BIU lawyer Mr. Arthur Hodgson, representing Simmons, said he will apply to the court to award his client costs.

The trial was told that after Rushe refused to leave, Simmons took him by the arm and escorted him out the door against his will.

Rushe testified he was responding to a plea by BIU president Mr. Ottiwell Simmons MP when he turned up at the meeting related to the Bermuda Forwarders dispute. Mr. Simmons appeared on television and urged all BIU members to attend the important meeting.

Rushe, who runs Legalex Bermuda, also works as a freelance reporter.

Mr. Francis ruled Rushe was a regular BIU member, not an associate member as he testified, and was 22 weeks in arrears on his dues payments. Therefore, while a member, "he was not a member in good standing'', Mr. Francis said. In any case, the union was entitled to order members out of a meeting if they were also journalists, Mr. Francis ruled. While the BIU constitution did not explicitly state that, the document "was not intended to cover every situation''.

The trial was told the rule barring journalists was made by the BIU's executive board. Mr. Francis said it was not inconsistent with the constitution. There were other journalists who were BIU members, and the rule apparently was intended to avoid placing them in positions of conflict of interest, he said.

Rushe was told on at least one prior occasion journalists were not to attend such meetings and therefore "knew he was not invited''.

Colin Simmons told him to leave before the meeting started, and when Rushe refused, Simmons took him by the arm and walked him to the door of the meeting room, Mr. Francis said. Outside in the lobby area, Simmons released Rushe's arm and walked beside him down the stairs to the exit, he said.

As for interfering with Rushe's political liberty, there was no evidence the meeting "had anything whatsoever to do with politics'', Mr. Francis said.

While Rushe argued the BIU had a political agenda, the July 2 meeting related to an industrial dispute, not politics, he ruled.

On the assault charge, Mr. Francis said the Criminal Code allows the managers of a property "to use such force as is reasonably necessary'' to remove someone who unlawfully remains.

Dismissing the remaining two charges, Mr. Francis said Simmons was entitled to use the force he did, and "that was the only force or threat of force that was used''.