ONE of the BBC's most up-and-coming investigative reporters who claimed to have been the victim of road rage attack has had his case thrown out by a Southampton court after it was claimed his evidence was 'inconsistent'.

Paul Kenyon, 37, of the BBC's flagship investigative show Kenyon Confronts, told the court he was knocked over by a car in a row on Southampton's Redbridge flyover in February.

Magistrates said on the quality of his evidence it would have been impossible to convict David Galvin, 58, of the assault.

The incident began when Mr Kenyon refused to let Mr Galvin, of Bournemouth, jump the queue in roadworks on the A35.

The pair's vehicles collided at slow speed and Mr Kenyon claimed shortly afterwards Mr Galvin knocked him down with his car and then got out and pushed him to the ground.

Mr Kenyon, of London, who used to work for the BBC in Southampton, said: "I walked in front of the vehicle and he did such an enormous rev I thought he was going to crash into my car. I walked in front of the car held up my hand and said: 'Stop'.

"I was trying to be business-like. He was laughing. He then revved some more and the car jerked forward very, very slightly and, as my shins were against it, I fell over on the ground in a foetal position.

"He walked over in an aggressive way and pushed out into my chest and shoulders with a force that knocked me on my back."

The defence said Mr Kenyon had "made a spectacle of himself" by twice throwing himself to the floor.

Stuart McGee, defending, said Mr Kenyon had also told his client: "You don't know who I am," which Mr Kenyon denied, saying that would be "naff and humiliating".

It was the evidence of a second prosecution witness, petrol tanker driver Timothy Walker, that undermined Mr Kenyon.

Mr Walker, who was described as having a grandstand view of events, differed in several areas to Mr Kenyon's recollection.

This series of discrepancies, combined with the fact that Mr Walker did not see Mr Kenyon touched by the car or Mr Galvin, led to the bench upholding Mr McGee's claim that there was no case to answer.

Mr McGee said: "The evidence you have heard is completely contradictory. Mr Kenyon has not told us the whole story - he hasn't told us his full role in it.

"Mr Kenyon was quite clearly the antagonist in all this."

He told the court: "You are relying on Mr Kenyon's evidence and you can't do that because he hasn't been open."

Chairman of the bench Fiona Chalkley said: "There is no case to answer. Mr Kenyon's evidence is inconsistent and as such we could not convict on it."

After the hearing Mr Kenyon, who has made national headlines with his show for exposing corruption in horseracing, said he was "surprised" at the outcome. "I am disappointed. I didn't think justice was done," he said.

Mr Galvin, who denied assaulting Mr Kenyon, said: "It wasn't a surprise. There were so many inconsistencies. He sold himself down the river."