Mr A was accused of sexually assaulting a woman a busy commuter train.
He always admitted presence but maintained that he was not involved in what had happened to the complainant.
In cross examination the complainant identified another man as her assailant on the CCTV.
Lucy therefore made a submission of no case to answer at the close of the prosecution case, arguing that taking the prosecution case at its highest there was not sufficient evidence to convict, applying both Galbraith and Turnbull.
The Judge agreed that there was no case to answer and directed the Jury to find Mr A not guilty.
Lucy Waterstone was instructed by Simon Harrison of Vienna Kang Solicitors.
