A pensioner has been cleared of assaulting a drunken woman on the doorstep of a block of seaside flats after a jury failed to reach a verdict.
Laurie Flower was found not guilty of the sexual assault after the prosecution decided not to seek a retrial and offered no evidence.
The 60-year-old 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, of Torbay Road, Paignton, denied sexual assault and the jury at Exeter Crown Court were discharged after failing to reach a verdict two weeks age.
Judge Francis Gilbert, QC, entered a formal not guilty verdict when the prosecution offered no evidence but he asked police to thank the couple who had reported the allegations after seeing Flower from their balcony.
He said:"I hope one of the officers will congratulate the eye witnesses on what they did and not leave them feeling disbelieved. They were very sensible to take this seriously, but they must understand that a jury need to be sure."
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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