Ormeau Park rape trial: Jury fails to reach a verdict

Paul Klandyk denied charges of rape and sexual assault at Belfast Crown Court

A jury presiding over a trial concerning the alleged rape of a teenager in a Belfast park has been discharged after failing to reach a verdict.

The six men and six women of the jury spent just under eight hours deliberating following a two-week trial.

The verdict was recorded as "hung" after they could not reach a decision.

Paul Klandyk, 25, spent a fortnight in the dock of Belfast Crown Court.

He denied charges of rape and sexual assault arising from allegations made by a 16-year-old almost three years ago.

During the trial, the jury heard the complainant, who has autism, and two friends spent a day drinking on 13 June 2020, and that evening were "very inebriated".

After one of the girls went home, the complainant and her friend were walking through Ormeau Park in south Belfast at about 21:00 BST when they met Mr Klandyk and his friend.

'Completely shocked'

The prosecution case was that the girl recalled kissing Mr Klandyk in the park, then being brought down a path by him.

She remembered her dress being pulled up, feeling frightened and finding herself underneath the defendant.

When she did not get the last bus home, her mother phoned her and arranged to pick her up on the Ormeau Road.

The girl's mother - who gave evidence during the trial - said that when she did so, she could tell her daughter had been drinking.

In the car, she noticed she was upset and asked what was wrong.

She told her mother that she had just been raped in the park.

"I was shocked, absolutely completely shocked," the woman said.

The incident was reported to police and after CCTV was viewed, Mr Klandyk, of Dunvegan Street, Belfast, admitted having intercourse with the girl.

In both an interview with police and when he gave evidence at the trial, Mr Klandyk said the sexual activity was instigated by the complainant and was fully consensual.

He accepted that he knew she had been drinking but described her as "quite tipsy", but not completely drunk.

Possible retrial

The jury began deliberating at the end of last week.

They failed to reach a verdict after almost eight hours of deliberations, and were then brought back into court by Judge Paul Ramsey on Monday afternoon.

He told the jury: "We are very impressed by the care and attention you have delivered to this case but, sadly, as you have indicated despite your best endeavours, you are unable to arrive even at a majority verdict.

"Accordingly, I don't think it's necessary to detain you any further and I discharge you from any further dealings in this trial."

The judge then asked the prosecution barrister to seek further instructions regarding a possible retrial.

He said he would list the case again on Friday when the prosecution's position would be determined.

Finally, the judge addressed Mr Klandyk as he stood in the dock and said: "Unfortunately, the jury are unable to come to a decision so I have to discharge them.

"The prosecution now have to decide whether or not they will have another trial in this matter and this Friday they will let me know."

Judge Ramsey said if a retrial is sought, a new trial date would be set on Friday.

If the prosecution did not seek a retrial, that would be the end of the matter, he added.

Mr Klandyk was released on continuing bail.