A Honduran cruise ship worker accused of attacking a co-worker with a bottle walked free from Magistrates? Court yesterday after a judge found there was no case for him to answer.

Wilder Wandeque Lopez, 22, of Puerto Cortes, Honduras told he was ?happy, because he didn?t do anything?.

Magistrate Edward King found there was no case to answer because the Crown had no evidence that Mr. Lopez attacked anyone.

The victim and only witness, Jill Suzanne Hardy, told Mr. King she was employed with Celebrity Cruise Lines as a manager of the Captain?s Club.

She told Mr. King that Mr. Lopez ?charged towards me and hit me with his bottle?, before falling on top of her, then getting up and running from the room.

She said she had seen Mr. Lopez drinking a beer outside her door 90 minutes earlier.

After the ?assault? she called security on the , who showed her pictures of all the ship?s crew members, from which she identified Mr. Lopez as her attacker.

He was arrested soon afterwards.

However, when Lopez?s lawyer, Elizabeth Christopher questioned her, Ms Hardy said she ?could not properly say she was hit with a bottle?.

She also testified that in her report to Bermuda Police she could not name the individual who fell on top of her, nor could she deny that the person fell on top of her did so accidentally.

?I suggest to you that it was not Wilder Lopez who fell on top of you.?

?I know it was, 100 percent,? Ms Hardy said.

?That is for the court to decide,? Ms Christopher said.

Before giving his ruling, Mr. King asked Ms Hardy if she received any injuries from a bottle. She replied: ?not that I?m aware of?.

He asked: ?were you positive before viewing the photographs that your attacker was Wilder??

She said ?not by name, but by recognising him at functions?.

Mr. Lopez served food at the Captain?s cocktail party once a week, she said.

Mr. King reminded her that she had already told Ms Christopher that she knew Mr. Lopez?s first name was Wilder at the time of the incident outside her state room.

Ms Christopher said her identification of Mr. Lopez as her attacker was ?hopelessly tainted? as Ms Hardy identified Lopez with the help of two of her friends who were in the security office with her.

Before Mr. King let Mr. Lopez go he urged the cruise ship not to punish him ?though they may want to place him on another liner, so as to avoid contact with Ms Hardy?.

?The evidence was not up to scratch,? he said.