A YORK woman who twice gave evidence in court that she had been raped - only for both trials to collapse - could not face going in to the witness box for the third time.

On two separate occasions, the woman underwent cross-examination after telling juries that she had been raped in her front garden by Phillip James Nicholas.

But the first trial had to be abandoned last November when a prosecution witness let slip that Nicholas had previously been in prison. The second trial was halted in January because jurors were watching darts on TV when they were supposed to be considering their verdict.

A third jury was due to be sworn in yesterday, but prosecution barrister Richard Bloomfield told York Crown Court that the woman was adamant she could not face giving evidence again.

The Honorary Recorder of York, Judge Paul Hoffman, said: "I entirely sympathise with her position. I am not going to be the instrument of putting further pressure on her."

He formally recorded a not guilty verdict on Nicholas, who had always denied rape and had told the jury in the second trial that the woman had consented to have sex with him.

The first trial collapsed before he was due to give evidence.

Nicholas, 19, of no fixed address, was jailed for 15 months yesterday for stealing the woman's handbag immediately after their sexual encounter - an offence he had admitted on the day the first rape trial began. Judge Hoffman branded the theft a "despicable crime."

Earlier, the court heard that heroin addict Nicholas had already served an eight-month sentence for four thefts, one burglary and six deceptions.

Taryn Turner, defending, said Nicholas had had an anxious time and was under considerable pressure while awaiting trial. But his family were standing by him and his father, an architect, was planning for him to have a one-way ticket to a Spanish drug rehabilitation unit in Barcelona, Spain, run by a religious community. Relatives would go with him to ensure he arrived.

Judge Hoffman said he did not have much sympathy for Nicholas. "In fact I have none," said the judge.

After the case, Rachel Thomas, of York Rape Crisis, spoke of her concern at the way the case had previously been halted, and also at the humiliation and stress the woman had been through during "this scandalous situation."

The woman herself was too distressed to speak to the Evening Press.

Solicitors for Nicholas and members of his family declined to comment today.

megi.rychlikova@ycp.co.uk

emma.harrison@ycp.co.uk

Updated: 11:46 Wednesday, May 08, 2002