had no case to answer in her racial harassment trial was rejected.

Shani Birch, 41, of Zuill's Park, Smiths, was comforted by her husband while Magistrate Edward King adjourned the case until August 15.

She is charged with racially harassing taxi driver Eugene Lottimore on October 8 at the Reefs Hotel in Southampton. Mr. Lottimore claimed Birch called him "a black bastard'' and spat in his face.

Insp. Kendrick James closed the prosecution's case yesterday morning after Reefs' employees Teonnae Hassell and Stacey Simmons gave evidence. Mr.

Lottimore testified last week when Birch's statement to Police was also read into evidence.

Birch's lawyer Marc Telemaque launched straight into a no case submission and told the court that the prosecution had not fulfilled its requirements.

The Criminal Code stated that in a racial harassment case it had to be proved that there was an intention to cause distress, fear or alarm and that the defendant was motivated by antipathy on account of a person's race, colour or place of origin.

Mr. Telemaque said the prosecution had not satisfied this was the case through their witnesses' testimony.

He also pointed to "a real conflict in the evidence of the prosecution witnesses that is borne out by gaps, differences and inaccuracies in each of their accounts''.

Mr. Telemaque said it was alleged that Birch had racially harassed Mr.

Lottimore by calling him a "black bastard'' and spitting in his face.

But he pointed out that Mr. Lottimore had never been able to identify Birch as the woman against whom he made a complaint and he was the only one witness who said Birch called him a "black bastard''.

Mr. Simmons only recalled Birch calling Mr. Lottimore a "black nigger'' but Mr. King reminded the court that Ms Hassell had testified that Lottimore was called a "black bastard''.

However Ms Hassell also told the court during Mr. Telemaque's cross- examination that Mr. Lottimore was called a "nigger'' by Birch but Mr.

Lottimore never said that happened.

And Mr. Lottimore testified that Birch approached the passenger side of his cab after a brief traffic hold-up in the hotel's driveway and started swearing at him.

However Ms Hassell said Birch approached the driver's side of the taxi while Mr. Simmons said the woman confronted Mr. Lottimore while he was unloading his passengers' golf clubs from the cab's boot.

Mr. King ruled that Mr. Lottimore felt sufficient distress from Birch's actions to lodge a complaint with Police and that the words "black bastard'' could not have been used accidentally.

Mr. King then adjourned the trial until August 15 when the defence will call its first witness.