The trial of two men charged with raping a teenage girl at an 18th birthday party came to an early halt on Tuesday when the jury was dismissed three quarters through hearing the evidence, without making a verdict.
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Mitchell Bowran and Charlie Star, both 21, had been sitting through the fifth day of the trial at Wodonga County Court.
Judge Richard Smith announced to the jury at 2pm he would be dismissing them, after a morning of discussions with the prosecutor and defence barristers.
He said it was an "unavoidable" decision.
"For legal reasons, I shall dismiss you as a jury and order a retrial to be heard with a fresh jury," Judge Smith said.
"It is neither necessary or appropriate to advise you of those reasons."
He did say the issue was nothing to do with the conduct of the jurors themselves.
"The task of a jury is often complex and can be stressful, and this case is no exception," Judge Smith said.
Bowran and Star were accused of raping a 17-year-old girl behind a shed at a Kergunyah party on the night of September 2, 2017.
They both denied the allegations, saying the sex was consensual.
Nine of the 12 witnesses due to give evidence had already attended court over the first five days, including the victim who had been cross-examined by defence barrister over about a day.
The last witness was heard on Tuesday, telling the court she had seen the alleged victim when they were guests at the party and they had about five vodka jelly shots early in the night before most other guests arrived.
A new trial will not take place until later in the year, possibly during the next Wodonga County Court circuit starting in July.
Judge Smith extended Bowran and Star's bail, but made it more strict by forbidding they have any contact with witnesses to be heard in the retrial.
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