Police found no case to answer, because the victim's account was "ambiguous and inconsistent".
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But in a trial this week, a sheriff ruled there was no case to answer.
Thus the evidence had been unlawfully obtained and there was no case to answer.
Lawyers for the three defendants also sought a preliminary ruling that there was effectively no case to answer.
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Mr Yemane said the detained students and anyone with no case to answer would be released in stages.
In other words, Ms Thanou submits that she has no case to answer.
Judge Stephen Gullick ruled Amariloo Brami had no case to answer following legal submissions by barrister Sallie Ann Bennett-Jenkins QC.
Since section 65a does not create an offence at a Scottish local government election, there was no case to answer.
In court on Tuesday, Mr Justice Collins ruled there was no case to answer and refused permission for a full hearing.
Both men deny the claims and sought a ruling that there was no case to answer due to a lack of evidence.
Defence lawyers for both accused then argued that the pair had no case to answer - claiming the incident should not be classed as an assault.
Two brothers were cleared of his attempted murder last year, after Masciopinto refused to give evidence and the judge ruled they had no case to answer.
He was also twice put on report for alleged high tackles in matches against Bradford and Harlequins, but each time was told he had no case to answer.
Her solicitor said there was no case to answer, stating that the prosecution had failed to establish that there had been any such signs on display at the time.
But a case that had taken almost 30 years to get to court was over in just two weeks after the judge ruled there was no case to answer.
The men's defence team argued that there was no case to answer, because the property was not residential and that there was no proof the men were living in the building.
The hospital's director of nursing at the time Dr Helen Moss was cleared by her professional regulator the Nursing and Midwifery Council (NMC) which said she had "no case to answer".
David Cameron's communications chief Andy Coulson "has no case to answer" over continuing allegations about his involvement in the News of the World phone hacking scandal, according to government minister Alan Duncan.
His lawyer, Sophie Bottai, told AFP news agency she was astonished by the magistrate's decision, after a previous judge had said there was no case to answer against the two French internationals.
Lord Abernethy acquitted 23-year-old student Edward Watt during his trial at the High Court in Aberdeen in March after upholding a claim in Mr Watt's defence that he had no case to answer.
In that case, it would be no answer for the prosecutor to argue that everyone agrees that murder is wrong since the prosecutor would be authorized under such a statute to indict someone for conduct that not everyone agrees is wrong.
And it became clear that the president had no intention of making his relationship with a subordinate federal employee an issue in that civil rights case, no matter what the federal courts told him he needed to answer.
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