a Pembroke man walked from the Supreme Court a free man yesterday.

But in his wake was his accuser who sat in the gallery sobbing as the nine men and three women in the jury filed past.

The jury took just under an hour to decide a unanimous verdict in the man's favour on the circumstances of February 19 encounter in which she claimed he put his hand, foot, and penis inside her.

The verdict came after a two and a half day trial which saw tearful testimony from the 19-year-old woman and hostile denials from the man from the witness box.

Defence lawyer Richard Horseman told the jury in his summation yesterday morning: "Look at each of their testimony and decide if it rings true.

"She told us there were two struggles with him trying to get her clothes off,'' he continued. "And the one exhibit that you do have, her underwear, shows no sign of a struggle. In between those struggles, he goes out to get condoms and she is still there when he returns.

"What is any reasonable person going to do? There are three ladies on this jury, I think they'll tell you what they are going to do. Get the heck out!'' Mr. Horseman continued: "Could she be mad at him? Could a reaction to his derogatory statements be the motive? No means no.

"But it has to be a genuine no. You can't kiss him and then say no. You can't say no, I'm not having sex with you and say I'm still in control and allow him to perform oral sex on you.'' Mr. Horseman concluded: "The question is, did my client have a genuine belief? You can't convict someone if they don't believe they are doing wrong.'' Prosecutor Juan Wolffe told the jury we only have "true ownership'' of our bodies and that men can never know what it means to be "violated''.

"He said things that are disrespectful to women and let us know where his mind was,'' Mr. Wolffe said. "I don't care whether it's nervous laughter or not. This is a serious situation. Did you see the complainant laughing? "I trust that you will find the evidence against him overwhelming,'' he added. "The Crown must show that some bodily harm resulted from the sexual assault.'' The court had heard the woman had been approached inside Champion's Club after 3 a.m. that morning.

She said once outside she accompanied the man on a short ride to get fuel for another cycle but ended up at the man's friend's apartment.

Once there she only wanted to get the keys to the cycle to leave but the man sexually assaulted her, rolling a fist and menacing her.

But he told the jury she willingly accompanied him to the apartment, that they "French'' kissed, and she allowed him to perform oral sex on her.

When he laid on his back she sat on top of him but halted penetration saying he needed a condom.

He got dressed, rode to Court Street to get a condom, and returned a short time later and began the process of foreplay over again before she halted it.

And he said any bruising to her face came after he made a derogatory comment about her sexual habits and he slapped her in response to one from her.