A man accused of sexually assaulting a six-year-old girl walked free from court after the youngster clammed up on the witness stand.

The 40-year-old Devonshire man was alleged to have molested Miss X at her aunt's home during a family party last July.

However, in answer to questions from prosecutor Robert Welling during the man's trial yesterday, Miss X repeated "I don't know" and "I can't remember" to all questions relating to the incident.

Mr. Welling eventually told the court he could not continue any further with the case.

Although no details of the allegations were given during evidence yesterday, prosecutor Carrington Mahoney told a preliminary hearing at Magistrates' Court last year that the man snuck into a bedroom where the girl was sleeping. He was allegedly caught "moving up and down between the child's legs" by a member of the family.

When confronted and asked to leave the party, the man was heard saying he would "come back with his gun and shoot up the place", according to Mr. Mahoney.

Neither the accused nor Miss X can be named for legal reasons.

The man has two previous convictions, including committing an indecent act in the presence of a child. He had been in custody since being remanded by Senior Magistrate Archibald Warner after he was first charged last July. Mr. Warner labelled him a "sexual pervert" at the time.

In her evidence to the man's trial yesterday, Miss X's mother said the man sent a text message relating to the incident, in which he apologised and stated: "I'm such an ass for drinking so much." The mother said the accused was a friend of the family.

She gave a Police statement in relation to the incident, and Miss X subsequently gave an interview to Child and Family Services.

Yesterday, before Miss X took the witness stand, prosecutor Mr. Welling told Magistrate Khamisi Tokunbo: "She's a very young girl and is obviously very anxious about having to come in here and needs some kind of support."

As a result, when the girl, now seven years old, came into court, she was protected by a screen from seeing the accused and members of public. She was able to see the lawyers and Magistrate and a witness care officer who looked after her.

In answer to questions from Mr. Welling, the girl said she could not remember if anyone but her uncle or aunt came into the bedroom after she went to bed. She could remember seeing the man at the party but could not remember what rooms she saw him in. She could not remember telling people about what happened at the party.

Asked by Mr. Welling: "Can you tell us what happened?" Miss X remained silent.

After she answered numerous other questions with "no" and "I don't know", Mr. Welling told the court: "In light of what she's told us so far, unless she repeated the allegation in evidence, I cannot proceed further, notwithstanding that there's some corroboration (of the allegation) from the grandmother."

Mr. Welling added: "I have tried this morning, I hope in a sensitive and fair way, to create the conditions where (Miss X) will feel comfortable."

However, he said, he could offer no further evidence. Mr. Tokunbo told the man he was acquitted of the charge and free to go.