He came to the Island hoping for a few days in the sun ? but Richard Momiyama's holiday turned into a nightmare when he accidentally hit a taxi driver with his suitcase at Bermuda airport.

Mr. Momiyama, from New York, spent virtually all his vacation in police stations and court rooms after being charged with assaulting driver Leon Smith on Wednesday at 4.15 p.m.

The holiday-maker, 41, insisted he was attempting to put his luggage into the trunk of Mr. Smith's vehicle, and that he clipped the driver by mistake and scratched his arm.

He was finally acquitted following a two-hour trial yesterday, when Senior Magistrate Archibald Warner said there was too little evidence to prove the incident was deliberate.

It meant Mr. Momiyama was set to fly home a free man today ? declaring the past few days "the worst holiday I've ever had".

Mr. Momiyama had attempted to plead guilty to the charge at an earlier hearing on Thursday, in an effort to get the matter dealt with quickly so he could enjoy the rest of his trip.

However, Mr. Warner insisted the matter went to trial, saying a guilty plea cannot be advanced when the accused has a defence.

At yesterday's trial at Magistrates' Court, Mr. Smith, 73, said an argument and minor scuffle broke out after the tourist slammed his taxi door three times.

Mr. Smith told the court: "It irritated me, so I took his luggage out of my car.

"I told him 'I'm not taking you anywhere'. He got out the car and he picked up a suitcase. He was aiming it at my head.

"He raised it above his head with both hands and appeared to be coming towards me with it.

"I put my arm up to block it and my arm was struck by the raised bag."

Mr. Momiyama admitted he slammed the car door, but said it had been accidental. He said he overestimated how hard it needed to be shut because it was a sliding door. He said: "This must have alarmed Mr. Smith and he shouted at me in a very rude manner not to slam his door.

"Then he told me he was not going to permit me to ride in his car and I was to get out. He started removing the luggage from the rear.

"I told him he needed to do what his job was and take us to the hotel. I went to throw the bag into the car. It's got a hinge and that's what must have hit his arm."

Police were called, and Mr. Momiyama, who was planning to travel to Southampton's Princess Hotel, was arrested at the airport. He was later bailed, but had to attend hearings at Magistrates' Court on Thursday and yesterday.

Under cross examination from Crown counsel Nicole Smith, Mr. Momiyama denied the allegation that he lifted the suitcase above his head in order to attack Mr. Smith.

Delivering a verdict of not guilty, Mr. Warner said: "It's for the prosecution to prove beyond reasonable doubt that it was not an accident.

"I am not satisfied that it was not an accident, therefore there's no liability on Mr. Momiyama.

"It was unacceptable by both people at the airport - an unfortunate misunderstanding."

After the trial, Mr. Momiyama said he was glad it was all over.

He said: "It's been unfortunate. I'm just relieved that justice has been done. It's been the worst holiday I've ever had. But I've been thinking about it and I think I will come back to Bermuda again anyway."

Defence lawyer Larry Scott had been involved in a court room exchange with Mr. Warner when the guilty plea was rejected on Thursday. Mr. Warner had told Mr. Scott he was probably in breach of the Bar rules to advance a guilty plea "merely for convenience".

Mr. Scott said after yesterday's verdict: "I am happy with the result. It's a shame that this guy came on a three-day holiday and spent most of the time in police stations or in court. So much for a holiday."

Shadow Attorney General Trevor Moniz said he had no complaints the matter went to trial.

Mr. Moniz said: "If his guilty plea had been accepted, it would have been alleged they were pursuing a miscarriage of justice. The magistrate did the right thing."