Senior Magistrate Archibald Warner yesterday threw out the loud music case against party host Tony Brannon, saying he had "no case to answer''.

Mr. Warner ruled there was "not one iota'' of evidence against Mr. Brannon that he had operated an excessively loud amplified system without the permission of the Police Commissioner.

Mr. Brannon denied operating the sound system for the `Don't Stop The Party' festivities on Hawkins Island between 6 p.m. and midnight on July 29.

Businessman David Lines contacted Police that night from his home on nearby Long Island and complained about the noise to Police as he has done in the past.

After prosecutor Graveney Bannister had rested his case, Mr. Warner heard defence lawyer Larry Scott on whether the case should proceed.

Mr. Warner concluded: "It is trite law that no case should be upheld if one of the essential elements in it has failed to come up to proof.'' Saying the law was "drafted in a very peculiar fashion'', Mr. Warner noted Police only took statements from Mr. Lines and his son, but they did not go to Hawkins Island to see if it was Mr. Brannon who was operating the equipment.

He also said nothing had been presented to show whether it was Bermuda Island Cruises that was operating the system and the relationship between Mr. Brannon and the company.

"There was not one iota of evidence against Mr. Brannon in the prosecution's case to support these elements,'' Mr. Warner said. "Police didn't even go over there.

"In my view, this was poorly investigated which led to it being a poorly presented case by the prosecution,'' he said.

Outside the court Mr. Brannon repeated his call for Government -- including the Opposition -- to change the law regarding amplified music for tourists' entertainment.

Long Island residents like Mr. Lines he said were there in their "secondary homes'' and holding `Don't Stop The Party' on Hawkins Island "disturbs the least amount of people''.

"None of the thousands of people that came to us complained about the loud music -- they loved it.'' Mr. Lines said Bermuda's lawmakers must "do something about the pervasive noise'' in the Island to attract more tourists.