A lawyer for Callan Sinclair has vowed to again fight the allegations the 23-year-old jointly raped a young woman with NRL player Jack de Belin during a retrial.
On Monday, the 12-person jury told Judge Andrew Haesler that they could not reach a unanimous or majority verdict following the almost four-week trial in Wollongong District Court..
Judge Haesler formally discharged the jury on Monday afternoon and thanked them for their service before he turned his attention to setting a retrial date.
Read more: The Jack de Belin rape trial so far
Judge Haelser told de Belin and Sinclair he did not have availability for a three to four week trial until August 2021 and said a court in Sydney or another location may be able to hear the trial earlier if that is what they wanted.
Judge Haesler adjourned the case until Wednesday for mention.
The Director of Public Prosecutions will also have to decide whether to retry the case.
Outside court, Sinclair's lawyer Graeme Morrison told the media "we are extremely disappointed in what happened today".
"We hoped for a better result," he said. "We will be back to fight these charges.
"My client is maintaining his innocence."
He also added the defence team was prepared for another trial and were "more determined then ever" to defend the allegations.
When asked if De Belin was disappointed in the outcome, his lawyer David Campbell replied, "of course he is disappointed" as they left the courthouse.
De Belin, 29, and Sinclair are accused of jointly raping a then 19-year-old woman in a North Wollongong apartment almost two years ago following a night out.
The men were charged with five counts each of aggravated sexual assault to which they pleaded not guilty.
They claim the threesome was consensual.
Earlier in the day, the jury told Judge Haesler that they had not been able to reach a verdict before they were dismissed to have further deliberations.
He asked the five women and seven men to calmly discuss the evidence and the points of difference that had resulted in them being unable to reach a unanimous decision.
However, they were unable to come to a unanimous verdict and were also unable to come to a majority verdict, which could be reached if 11 jurors agreed and one did not.
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