The jury have been discharged after failing to reach verdicts in the case of a teacher accused of abusing boys at a private boarding school in North Devon.
John Downing, aged 73, was cleared of eight charges but the jury at Exeter Crown Court were unable to agree on 17 others.
The retired teacher has been on trial for a week and a half accused of indecency offences against five boys at Heanton School, near Braunton, which date between 1968 and 1982.
The jury at Exeter Crown Court was sent out to consider its verdicts on Monday after hearing five days of evidence and a day of closing speeches and summing up.
They were discharged on Wednesday after failing to reach any verdicts. Judge Francis Gilbert, QC, accepted gave the prosecution 28 days to consider if they wish to apply for a retrial.
Church organist Downing was accused of molesting boys as young as seven at the privately run school which catered for children from troubled backgrounds who were sent there by local authorities.
The jury heard from seven former pupils, including the five who Downing is accused of abusing.
They allege he touched them during lessons, on beach, fishing and cinema trips, in washrooms and during midnight feasts in his staff bedroom.
Downing is also alleged to have beaten a naked boy with a wooden coat hanger and made boys stand naked in a corridor as punishment.
Downing, of Warren Lane, Torrington, denied 25 charges of indecent assault or gross indecency against boys aged seven to 12. He was found not guilty of a total of eight charges which related to three different complainants.
The jury were unable to reach verdicts on the remaining 17 charges which include alleged offences against all five complainants.
During the trial Downing refuted allegations that he touched boys inappropriately and said his contact was fatherly and caring. He said there had been physical contact with boys, but it was not sexual.
He told the jury:"I never touched a child sexually or encouraged any child to behave in a sexual way. These things which have been alleged did not happen. Never. I can assure you all these allegations are false."
