Canberra prosecutors will consider dropping charges against two men acquitted of rape after a jury was unable to reach a unanimous verdict on other charges.
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On Monday, Michael Morris, 22, of Red Hill, and Matthew Holloway, 22, of Bonython, were found not guilty of having sexual intercourse with a woman without her consent at a Red Hill home in March 2012.
But on Tuesday, an ACT Supreme Court jury could not reach a decision on charges that the men committed acts of indecency and attempted to engage in sexual intercourse with the woman without her consent.
Jurors were sent out to consider a verdict on Friday. They returned the not-guilty verdicts on Monday afternoon but told the judge they were unable to reach a verdict on the other four counts.
Chief Justice Helen Murrell directed them to again try to reach a unanimous decision but later discharged them when they were unable to break the deadlock.
Crown barrister Mark Fernandez told the court the ACT Office of the Director of Public Prosecutions would consider its position on the outstanding matters. The DPP could opt to either discontinue the four counts or take them to a retrial.
Chief Justice Murrell listed the matters for mention on Thursday on the understanding the DPP would report its position to the court at that time.
Before the trial, Morris pleaded guilty to a separate count of committing an act of indecency by filming the sex on his computer without the woman's knowledge. He erased the explicit material and forensic experts were unable to retrieve the file.
That matter was listed for mention on Friday to obtain a date for sentencing. The judge continued bail for both men.
During the trial, the Crown alleged the pair repeatedly raped the woman at Morris' Red Hill home after 3.25am on March 12. The defence argued the woman had consented to intercourse.