FOUR Polish men accused of carrying out a gang rape in a York graveyard will not have to face a third trial.

The men, Marcin Rafal Legowski, 24, Cezary Krasnopolski, 26, Dominik Leck Knoblauch, 22, all formerly of Lincoln Street, off Leeman Road, York, and Janusz Rucinski, 24, formerly of Bishophill Road, York, all denied gang raping a deaf and mute woman in St Martin's churchyard off Micklegate on November 13, 2005.

The jury in their first trial in August last year failed to reach a verdict and was discharged, as was the jury at their latest trial earlier this month.

The men have always maintained the 37-year-old York woman consented to sex with them.

The solicitor for Mr Krasnopolski, Kevin Blount, of Howard and Byrne Solicitors, said his client was delighted the Crown Prosecution Service (CPS) had decided to discontinue the case.

Mr Blount said: "We are pleased that this matter has been brought to a successful conclusion as far as Mr Krasnopolski is concerned and I hope he can now continue with his life."

He said Mr Krasnopolski, along with the other three defendants, had been kept in custody for around nine months from when they were initially arrested to after their original trial last year.

Released on bail, they had to hand in all travel and identification documents so they could not leave the country or apply for new documents.

Mr Blount said this meant his client had spent six months living in a bail hostel unable to work as he did not have the necessary paperwork.Mr Blount added: "Mr Krasnopolski is delighted matters will be discontinued against him and only wishes he had been able to positively prove his innocence."

Rob Turnbull, chief prosecutor with the CPS, explained why the decision had been taken not to order a second retrial.

Mr Turnbull said: "The evidence we've been able to present to a jury has not been strong enough on two occasions to enable the jury to convict.

"We have to think whether it's fair or appropriate to ask for another trial.

"We take the view that we would not want to go again."

He added that after the first trial the CPS believed it was appropriate to ask for a second hearing but to do so again would be unfair and oppressive.