A MAN who has been cleared of sexual assault was facing years behind bars and the stigma of being labelled a sex attacker because he allegedly 'tapped' a waitress' bottom as she walked past his table.

His Honour Judge Stephen Clarke, who said at the start of the case that he 'must live in another age', instructed jurors yesterday morning to clear 58-year-old Trevor Oakes of sexual assault after hearing a day's evidence.

Mr Oakes, of Thornton House in Audlem, would have faced a lengthy jail term and a place on the sex offenders' register had he been convicted at this week's Chester Crown Court trial.

The sexual assault charge was brought by the Crown Prosecution Service (CPS) after Mr Oakes allegedly touched a 16-year-old waitress' bottom in a restaurant on January 21.

Mr Oakes insisted that the touch was accidental, saying he was reaching for her arm but caught the top of her thigh.

In court on Tuesday, the girl described the touch as 'a gentle tap', but police were informed and Mr Oakes was subsequently arrested.

Following discussions with the prosecution and defence counsels, Judge Clarke decided that a 'bind over' was the best way forward and told the jury to clear Mr Oakes.

The 58-year-old, who had no previous convictions, agreed to a £500 bind over for 12 months.

The girl, who cannot be named for legal reasons, gave evidence via videolink because she did not want to face Mr Oakes in court.

About the incident, she said: "I felt shocked mainly. I started crying and had to go to the toilet to calm myself down."

Mr Oakes told police in interviews that he had never touched her before, was always friendly with the staff and that he wanted to apologise for upsetting her but did not have a chance before being arrested.

Defence barrister Gareth Roberts said that Mr Oakes had a propensity for being friendly with the female serving staff, but this was entirely innocent and was shared by many men.

A CPS spokesman said: "On Wednesday morning discussions started taking place about the best way forward and the judge indicated that a bind over would be appropriate.

"Further discussions took place between all parties and the decision was taken to proceed in that manner.

"The defendant accepted that his behaviour had fallen below a reasonable standard and agreed to be bound over."