A Policeman accused of sexual assault was declared not guilty in Magistrates' Court on Friday.

Acting Magistrate Will Francis read his judgement out to the courtroom crowded with friends, witnesses, and fellow officers. The issue was not whether he found the complainant's or the defendant's story more credible, he said, but whether he could be sure enough of the complainant's story to believe she was sexually assaulted as she described.

The complainant, a visitor, had testified that she was staying with a friend in Bermuda last December when she met the defendant. Her friend was also a Policeman, and he knew the defendant fairly well.

On her last night in Bermuda, she said, she and her friend were having a night on the town when they ran into the defendant and two other women her friend also knew. The five shared a cab back to her friend's apartment, where they continued drinking and socialising until the complainant went to bed around 5.30 a.m.

The complainant then stated she awoke around 8.30 a.m. to find the shirtless defendant above her, her knickers down around her knees, and her tampon removed. She said she pushed him off, and he left the apartment shortly afterwards.

The defendant, however, stated that he had asked the complainant if he could share her bed, and insisted that the complainant had initiated sexual activity.

The defendant's lawyer Kim Wilson suggested the reason the complainant did this was because she was upset that her male friend was reportedly in the other room with another woman. Ms Wilson then argued the complainant regretted her actions, and so cooked up the story of sexual assault.

"If he did what the complainant says he did, he is guilty of sexual assault," said Mr. Francis. "The main issue is whether I can be sure that's what he did."

After summing up the case he said Ms Wilson had pointed out several discrepancies in witness testimony, including key information about the removal of the tampon.

"I have given a lot of thought to this, and I find I agree with Ms Wilson," he said.

As the defendant nodded his head, Mr. Francis continued to say he found the defendant not guilty of the charges.

"Thank you, your Worship," the defendant said before receiving hugs from relieved friends.