A BOY accused of throwing a bottle studded with safety pins at a dinner lady was told by magistrates he had no case to answer yesterday.

The 13-year-old, from Darlington, denied assault causing actual bodily harm and possessing an offensive weapon during an incident at a comprehensive school in the town on March 12 last year.

The charges were dismissed at South Durham Youth Court after the prosecution's key witness, a 14-year-old fellow pupil, admitted lying.

Prosecutor Sharon Nevison earlier told the court the dinner lady was standing in the playground during her lunch break when she was hit in the face with an object, which the defendant, who cannot be named for legal reasons, took from his pocket and threw.

The magistrates were shown the alleged weapon, a green plastic miniature Gordon's gin bottle, with safety pins protruding from it.

The dinner lady told the court her right cheek was scarred from the attack.

The 14-year-old witness, giving evidence by video link, said that he saw the defendant throw the bottle.

When cross-examined by barrister Lorraine Mustard, for the 13-year-old, he said he was unsure what the object was or if he saw it hit her.

He admitted he had lied to teachers by saying he did not know who had thrown it, but had not told that to police.

Miss Mustard told the magistrates' bench: "The only witness you have has already admitted he has lied."

The dinner lady told The Northern Echo after the case was dismissed that she was angry with the way the school had handled the attack.

She said it did not inform police immediately and was not able to give investigating officers a file containing statements. She said: "I have still got the scar now. It is about two-and-a-half inches long and, at the time, it became all infected because the safety pins were dirty.

"It looks as though I cannot get compensation now because the police were not informed within 48 hours."

The school could not be contacted for comment