Yellowknife (Sep 27/04) - A hung jury ended the trial of three men accused of a rape 29 years ago in Lutsel K'e.

Antoine Michel, Noel Michel and Raymond Marlowe each faced charges of rape in connection with a 1975 incident.

The trial lasted four days before it ended Thursday, but the jury could not reach a verdict.

"I'd say the jury was out for around four and a half hours," said Glen Boyd, counsel for Antoine Michel.

A second trial is now a possibility.

Crown prosecutor Caroline Carrasco was not available for comment.

Boyd could not say when a new trial might be scheduled. "Hopefully the Crown won't pursue it further," he said.

"My position from day one was that this is an incredibly weak Crown case and I was surprised it even made it to trial."

Charges were stayed Sept. 17 against two other men previously named in the case.

Henry Lockhart and Stanley Paul Desjarlais, Sr. were released when the Crown stayed its case against them.

Section 579(1) of the Canadian Criminal Code allows the Attorney General or "counsel directed by him" to stay proceedings at any time before a judgment of the charge.

The Crown has one year to reactivate the charges.

After that time, "the proceedings shall be deemed never to have been commenced," and the former accused will have no charges listed against them.