after Magistrate Cheryl-Ann Mapp accepted a no-case submission tendered by defence counsel Archie Warner.

Sgt. Earl Kirby, 44, of Southampton, was charged in May, 1996 with assault causing bodily harm against his 9-year-old son. It was alleged he used unreasonable force when in early March he strapped his son.

The court heard while Sgt. Kirby was using his belt to hand out punishment the child attempted to escape, causing his father's hand to slip and accidentally strike the child on the head with a glancing blow.

Sgt. Kirby had initially elected to have the case heard in Supreme Court but there was not enough evidence to commit to trial at that level, defence co-counsel Elizabeth Christopher told The Royal Gazette .

The Crown, which called the child and Sgt. Kirby's wife as witnesses, failed to provide evidence that ureasonable force was used, said Ms Mapp in handing down her decision.

Sgt. Kirby remains in the Police Service.