A magistrate today threw out the prosecution of a freelance photographer accused of refusing to obey a police order at a monkey farm demonstration.

Stipendiary magistrate Paul Tain ruled Terry Kane, 36, had no case to answer after hearing legal argument from his barrister, Denis Bradley.

Police officers had claimed in evidence that Kane, formerly of Buckingham Lodge, Brighton, and now living in Cheshire, refused to obey an order to move behind barriers at a demonstration at Shamrock Farm, Small Dole, in January.

The farm supplied monkeys to laboratories. It closed in May after a long protest campaign.

Mr Bradley said as the law stood, Kane was not a part of the assembly as claimed in the charge but was an onlooker.

He said: "To say he was doing anything other than his job is complete nonsense."

During the hearing the court heard a tape of a statement Kane made to police in which he claimed his treatment by the police had been heavy-handed.

He said his arm was twisted behind his back and he was spread on the bonnet of a police vehicle.

He said: "I identified myself as a photographer. I tried to show the officer my Press card. At no time was I an obstruction to (the officer)."

Animal rights protesters Sonia Hayward, 32, of Tonbridge, and Bevan Earey, 28, of Colchester, pleaded not guilty to the same charge. They were found guilty and fined £120 each.

During the hearing the court heard police confirm there had been no problem with members of the Press at any of the demonstrations.

But they claimed all three defendants defied orders to move behind a barrier after there had been repeated announcements to the crowd by loudspeaker and personal requests from officers.

All three defendants faced a single charge of taking part in a public assembly and knowingly failing to comply with conditions imposed by a senior police officer on January 30 this year.