A 48-year-old man walked free yesterday after a Supreme Court jury acquitted him of a brutal stabbing.

Collin Leonard Whitehead Hendrickson, of Dundonald Street, Hamilton, was cleared of wounding Damany Bilal Burchall, 23, with intent to cause grievous bodily harm and possession of a knife in a public place, on May 14, 2003.

The six-man, six-woman jury found Mr. Hendrickson not guilty by a unanimous verdict in an hour and 40 minutes. Jurors had been told by the judge to acquit Hendrickson if they found he had been provoked.

The court heard that Hendrickson had been standing outside the Spinning Wheel on Court Street, Hamilton, talking to two other men when he was approached by Mr. Burchall.

A drunken Mr. Burchall asked the defendant for a ride home and then slapped him so hard that he swung around.

During the trial the jury heard that Mr. Hendrickson had pleaded three times with the accused to stop hitting him and after several slaps he reached into his pocket to get his cycle keys and found his penknife, which he usually used for work.

Mr. Hendrickson pulled the knife on the complainant ? who was over 6ft ? in an attempt to stop the assault, but a scuffle ensued and he stabbed Mr. Burchall four times.

Yesterday Acting Assistant Justice Archibald Warner pointed out to the jury that Mr. Hendrickson claimed to have acted in self defence because he was provoked.

?If you feel satisfied that he was provoked then you should acquit him,? Mr. Justice Warner said.

Mr. Justice Warner also pointed out inconsistencies in Mr. Burchall?s evidence and said the victim had stated that he was not sure how hard he had hit the defendant, but later told Police that he must have hit him harder than he initially thought.

Mr. Justice Warner said the Crown had suggested that perhaps Mr. Hendrickson should have rode away rather than use the knife. But he added that just because he did not run away ?it did not mean that he had acted irresponsibly?.

?It?s a matter for you,? he told jurors.

During the one-day trial Crown counsel Graveney Bannister said the defendant had overreacted.

?Even if the defendant was upset or felt insulted, he could have used some other recourse,? he said.

?He didn?t start the bike, he opened the knife. He overreacted, he went beyond what was necessary.?

After the verdict lawyer Mark Pettingill, who was defending Mr. Hendrickson, said this case did not condone the use of violence or carrying offensive weapons.

?This case is about a 48-year-old working man who was pushed to violence after he pleaded with his assailant,? said Mr. Pettingill.

?In these types of situations people should be able to defend themselves. It doesn?t condone violence. It is not about people running around with offensive weapons. It?s not that type of case.

?It is a legitimate case of a man being assaulted.?