Supreme Court Justice Michael Brett discharges jury in child rape case after no verdict reached

The accused man was standing trial in the Supreme Court in Burnie this week charged with the rape of a 15-year-old, and had pleaded not guilty.

The 12-person jury retired to consider their verdict on Thursday afternoon after the two-and-a-half-day trial, but after three hours told Justice Michael Brett they were unable to reach a unanimous decision.

The judge then indicated a 10-person majority verdict would be appropriate, but the jury returned again just 15 minutes later to say that was also not possible.

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"We cannot foreseeably reach a 10-2 verdict," the foreman told the judge.

"Everyone seems firm in their decisions. We respect each other's views."

Justice Brett accepted that decision and discharged the jury panel, thanking them for their service to the community and their care and attention on the trial.

Over the course of the two day trial the jury had heard pre-recorded evidence from the complainant, who was 15-years-old at the time of the alleged incident, and her friend of the same age.

The court heard they were babysitting together at a home in the North-West, and at a point in the evening the man had arrived after some communication on social media.

In closing statements, Crown prosecutor Yolanda Prenc said the man told police in an interview with police that he had not met either of the girls face to face before that evening.

Ms Prenc said that was consistent with what the girls had said about being "weirded out" when he arrived with a bottle of alcohol.

Defence lawyer Greg Richardson emphasised the presence of alcohol at the home, and said there was clear evidence on the trial that the girls had been drinking before the man arrived, but both girls denied that.

The jury was told the complainant was unconscious and had vomited when her friend saw her being raped.

The case may be retried at a later date.

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