to unanimously throw out the Crown's case against two men charged with seriously sexually assaulting a 29-year-old woman.

The jury, away from the courtroom since Tuesday afternoon when the trial again bogged down in legal wrangling, was recalled by Puisne Judge Vincent Meerabux shortly after 11 a.m. yesterday and given the option to acquit the men before hearing defence lawyers Mark Pettingill and Archie Warner present their cases.

The instruction followed a request by Mr. Pettingill, who argued it was the right of his client to have the jury so advised.

After deliberating for about 20 minutes the jurors returned to the courtroom and requested to see Police statements of the defendants -- who were 19 and 17-years-old at the time of the alleged offence and cannot be named for legal reasons.

They returned to their deliberations and broke shortly after noon with the acquittal.

Throughout the trial the defence called into the question the actions of the complainant, who said she had been out drinking until the early hours of December 11 1994.

Testifying early into the 12-day trial the woman said she hitched a ride with the two men after failing to find a cab to drive her home.

Court heard she flagged the men down from the bus stop opposite the Elbow Beach Club and asked them to drive her into Hamilton on their motorcycles.

Because she had no helmet the two men took her through Paget Parish along back roads and the Railway Trail until they ended up at the equestrian centre off Vesey Street, Devonshire.

Along the way she told the court that despite sexual advances along the journey she felt comfortable with the defendants. Once at the equestrian centre she followed them up a steep path to the horse paddock where -- she charged -- one of the men held his hand over her mouth while she was raped.

Defence lawyers hammered away the woman's willingness to follow the two men: "Why was she still prepared to go with these guys, despite the sexual advances? Why could she not recall the route? Was she too drunk? And why did she follow the men up the path to the horse paddock?'' they asked.

Statements -- presented to the jury by Det. Sgt. Craig Morfitt -- quoted the defendants telling Police the woman "was talking horny-like... like she was 50-50 if she wanted it or not.'' One of the defendants told Police the woman had agreed to exchange sex for a ride home: "She was saying take me home and I took it to mean she wanted sex.'' Both told Police they believed the woman was leading them on and one of the men confirmed to investigators he put his hand over the woman's mouth "because she was screaming.'' He went on to tell Police "she wasn't fighting hard enough... she didn't do enough to stop us.'' Crown Counsel Charlene Scott refused comment on the case except to tell The Royal Gazette the jury had obviously formed an opinion about the complainant.