The Pembroke man on trial for stalking gave an alibi while on the stand yesterday and will learn his fate this morning.

And after two days of testimony defence lawyer Larry Mussenden was able to get a stalking count and a domestic violence order thrown out against the man, who cannot be named for legal reasons.

Magistrate Edward King will hand down a ruling this morning on one charge of violating a domestic violence protection order a week ago.

The man is the subject of a temporary domestic violence order handed down in June and amended earlier this month. He cannot be named under the Order.

The woman -- who has two children by the man -- told the court on Friday she investigated a noise at her front door to see the man standing outside.

He walked away as she grabbed a camera and was allegedly told she "had not seen the last of him'' and "no one would ever get him and that I have no proof or evidence''.

The man allegedly taunted the woman about her "good weekend'' and inquired about her transportation difficulties and allegedly told her to watch her back.

When he took the stand the man denied all of this and said he had been at Casey's Bar from 5.30 p.m. that day until 9.30 p.m. when he left with his current girlfriend to get food from the Hamilton Ice Queen restaurant.

The man denied drinking alcohol, only orange juice, during four hours in the bar.

He told the court he played euchre while his girlfriend testified she was at the bar.

"I put it to you that you were standing outside the main door to your ex-girlfriend's residence at 9.30 p.m. on January 22nd,'' Crown Counsel Oonagh Goodred asked the man.

"No,'' came his one word reply.

"And you went there because you wanted to talk to her,'' Ms Goodred countered, garnering a terse "no, ma'am'' from the defendant.

After getting food at the Ice Queen the couple went to their Pembroke home -- an alibi reinforced by his current girlfriend despite intense questioning from Ms Goodred and Mr. King.

Success for Mr. Mussenden came when Mr. King ruled the man had "no case to answer'' on two charges, suggesting it was coincidental the man would slow his car as she tried to enter Reid Street on a Friday's rush hour and that the pair later met up at a popular night spot.

Also thrown out was evidence the woman's car tyres were slashed -- allegedly by the man -- the following morning.

The case now hinges on the man's word against the woman's on whether she could identify him as he allegedly stood outside her front door.

"This now comes down to identification evidence that has been put forward by the prosecution,'' Mr. Mussenden said. "That evidence is poor evidence and it can't satisfy Your Worship so that you are sure that that person is my client.

"Considering the obstruction posed by the door, the time of night, the distance and the lighting,'' Mr. Mussenden continued, "the prosecution has failed to meet the required standard. Coupled with the alibi.'' Ms Goodred countered by saying there were "fundamental'' differences in the man and his girlfriend's testimony yesterday and suggested the victim had been "forthcoming'' in her testimony on Friday.

"She's adamant she saw the defendant outside her door,'' Ms Goodred said.

"She was in a four year relationship with him. She saw him clearly and, indeed, she even spoke to him.''