But a judge has told them to clear their minds and return on Thursday morning to consider the case afresh.

Kapociunas, 71, is accused of sexually assaulting a girl three times in one day at his home in Spain, where he lived as the husband of former ambassador to Spain Jane Hardy.

The girl indicated the abuse to her mother as she was put to bed that night, and repeated the allegations to police and the court.

Kapociunas has denied ever molesting the child. He said he had blown a raspberry on her stomach, but never abused her.

His barrister Bernard Collaery has described the girl as imaginative, and called numerous witnesses to testify of his client's good character.

The jury was sent out to consider their verdicts on Tuesday afternoon. They came back about 4pm on Wednesday to tell the court they had tried their best but had not reached a verdict.

Chief Justice Helen Murrell directed them to continue with their deliberations on Thursday, telling them it might seem pointless, but it often worked.

She said there was no pressure to reach a decision, but to try to look at the case anew in the morning.