Britney Spears' former bodyguard has walked out of court having failed testify over her bitter custody battle with her ex-husband.Tony Barretto, 28, earlier emerged as the much-hyped secret witness in the case between the troubled pop princess and her ex.Lawyer Gloria Allred said Mr Barretto had been prepared to testify "on issues of nudity by Ms Spears, drug use, and safety issues involving the children post-rehab".However, in court, Spears' legal team chose not to cross-examine Mr Barretto and the room was cleared by Family Court Commissioner Scott Gordon so the former couple's lawyers could discuss unsealed documents in the case.Outside court, Ms Allred said: "We are shocked that Ms Spears' attorneys chose not to cross-examine our client as to the substance of his declaration."Mr Barretto worked for Spears from March, when she left rehab, until May 17. According to Ms Allred, he lost his job because "he didn't hear her when she asked him to pick up her hat".Spears - whose LA agency the Firm is said to have dropped her after just one month - married rapper Kevin Federline, known as K-Fed, in October 2004, but filed for divorce last November which became official on July 30.The two currently have joint custody of sons Sean Preston, two, and Jayden James, one.In a statement, the Firm said: "We believe Britney is enormously talented, and has made a terrific record. But current circumstances have prevented us from properly doing our job."The singer's latest single Gimme More received strong reviews, but she gave a widely-criticised performance at the MTV Video Music Awards earlier this month.© Independent Television News Limited 2007. All rights reserved.