A jury was discharged yesterday in the case of a fight over a T-shirt because they could not reach a verdict.
After retiring for four hours the foreman of the jury at Teesside Crown Court announced that they could not agree on even a majority verdict.
Simone Gibson, 25, was wearing the black T-shirt in Borough Road, Middlesbrough after a night out with her friend, Stephen Holmes.
In an incident at about 3am Mark Smorthwaite, 32, asked her about the logo on the T-shirt which read "Nobody knows I'm a lesbian".
A row broke out and Ms Gibson said that she was kicked in the face - a statement backed by a police officer who attended the scene.
Mr Smorthwaite told police that he could not remember the incident because he was very drunk, but he claimed he must have been provoked.
Mr Smorthwaite of Rossett Walk, Park End, Middlesbrough, pleaded not guilty to assault causing actual bodily harm on December 6.
The judge, Recorder David Myerson, granted prosecutor Sam Andrews seven days to decide whether there will be a retrial.
Mr Smorthwaite was remanded on bail.
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