A former trainee soldier who claimed £100,000 damages after he lost the sight in an eye during a game of water polo at his barracks has lost his legal battle.

David Gillespie, 31, had only been with the Royal Electrical and Mechanical Engineers for a few weeks before the accident which ended his Army career just over 11 years ago.

At a hearing in January, Newcastle County Court was told Mr Gillespie was taking part in an unofficial game at Rowcroft Barracks, Arborfield, Reading with other recruits when he was poked in the eye.

The court heard that Mr Gillespie, who is originally from Durham and whose address was not read out in court as he now works for Customs and Excise in anti-smuggling operations in Dover, was about to pass the ball when an opponent's finger went behind his right eye and damaged the optic nerve.

Mr Gillespie accepted the incident was not malicious but claimed the Army failed to keep control of the players, saying the game had got ''out of hand''.

Judge Judith Moir, giving judgment today, ruled that the claimant had failed on the balance of probability to prove that the defendant was negligent.

She added: ''It is of course, a tragic accident, and one has every sympathy for the claimant.''

Judge Moir was unhappy that the case took so long to be heard, calling it an ''inexcusable lack of urgency''.

Neither the claimant, nor the defendant, had benefited from the delay, she said.