The jury have been discharged in the case of a pensioner accused of sexually assaulting a drunken woman who he found semi conscious on his doorstep.
Laurie Flower claimed all he had done was adjust the clothing of the 25-year-old to protect her modesty but two neighbours watching from an upstairs window said they saw a sexual assault.
The woman, who comes from the Newton Abbot area, collapsed after a day's drinking in Torbay, and had no idea what had allegedly happened to her.
Flower, aged 60, of Torbay Road, Paignton, denied sexual assault and the jury at Exeter Crown Court were discharged after failing to reach a verdict.
During a short trial Flower said he had been alerted to the presence of the woman on the steps of the block of flats where he lives on Paignton seafront by a fast food delivery driver.
He said he went down to check on her and adjusted her clothing to protect her modesty. He denied touching her in a sexual way at any stage.
Neighbours Robin and Janice Foster told the court they witnessed the incident from the balcony of their fourth floor window.
They said they saw Flower put his hand inside the woman's loose fitting shorts and touch her over her tights. He said he later saw him touch the woman's left breast.
The prosecution told the jury that Flower's initial account to the police about adjusting the clothing could not be correct because he described her as wearing a skirt and knickers, when she was actually wearing shorts and tights.
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