A St. George?s man accused of spying on a teenage girl was set free after a Magistrate ruled he had no case to answer.

There was not enough evidence to identify the man, decided Magistrate Edward King, and ? and although the charge specified the man had intruded on the privacy of the girl and ?caused her alarm? ? the court had heard the girl was unaware the man was watching her.

?I have to rule that since the daughter was unaware ... she could not have been alarmed,? Mr. King said.

?Therefore the incident could not have been that upon which the charge rested.?

The 15-year old girl, who cannot be named for legal reasons, was in the bathroom at about 6.45 a.m. on March 20, 2003, when her mother came in.

The mother saw the silhouette of a man looking through the bathroom window ? a man she claimed was the accused, her ex-boyfriend.

She saw the man?s work shirt and silhouette, she said, though it was ascertained the blinds on the window were not completely open.

?She did not see his face, yet she maintains it was him,? Mr. King said at the case ruling yesterday.

When her mother entered and saw the accused, the daughter said she saw the man?s hand and a ring he was wearing that she recognised.

However, Mr. King said, evidence for a positive identification was ?grossly inadequate?.

?There is no case to answer, the defendant is not guilty.?