A jury has failed to decide today, Friday, whether Mohammed Hussain, 21, raped a 19 year old woman customer in the toilets of the Indian restaurant where he worked.

Jurors at Gloucester Crown Court spent two days deliberating but still could not reach a verdict even after being told that a 10-2 majority decision would be acceptable.

The judge, Recorder Alun Jenkins QC, discharged the jury and granted the prosecution a week to decide whether or not to seek a retrial.

Prosecutor Timothy Green said he could not make an immediate decision because the alleged victim would need to be consulted.

During the trial the jury heard how the woman went to the Spice House restaurant in Gloucester Street, Stroud, for a meal with a friend on September 14 last year.

She had previously been friendly with Hussain and while at the restaurant he texted her and asked to speak to her.

She left her table and spoke to him in another part of the restaurant, the jury was told.

Later he texted her again and asked to meet her in the ladies toilet. She went to see him there and it was then that he alleged raped her after locking the door.

Mr Hussain, of Blundell Road, Sparkhill, Birmingham, who denied a charge of rape, told the jury the woman had sex with consent in the toilets and did not complain or resist.

Recorder Jenkins granted bail to Mr Hussain until next Friday and told him to return to court then to find out whether or not there would be a retrial.