A MAN accused of trying to rape a prostitute walked free from court yesterday after the alleged victim seemingly declined to give evidence.

For the third day in succession, the woman appeared reluctant to go to court, and the trial judge recorded a not guilty verdict against Liam Massey.

Mr Massey, 22, from Middlesbrough, denied a charge of attempted rape and appeared at Teesside Crown Court for the third day yesterday.

The trial was supposed to start on Monday, but did not, and after an apparent change of heart by the alleged victim, it got under way on Tuesday.

The case was opened by Tina Dempster, prosecuting, and the jury was shown a recorded interview the prostitute gave police after her complaint.

She was due to return to court yesterday to be crossexamined by defence barrister Peter Makepeace, but failed to turn up.

Judge Peter Armstrong told the jury: “The complainant and the boyfriend, also said to be a witness in the case, have not attended this morning. No one knows where they are.

“I have made as much allowance as I can for lateness and a chaotic lifestyle.

“There was a delay yesterday, and, indeed, on Monday. I have to say ‘enough is enough’. I am not prepared to delay this case any longer.

“I am discharging you and a not guilty verdict will be formally entered in the case.

Thank you for attending.

These things happen.”

The woman, who cannot be named, told police that a punter had tried to rape her at his home in the early hours of February 6.

The jury was told the pair met in Middlesbrough town centre and arranged to go to Mr Massey’s home in nearby North Ormesby.

A dispute over payment arose, and the woman, who is in her 30s, said she escaped through a window when she thought she was going to be raped.

She said she ran home halfnaked and barefoot, told her boyfriend about the ordeal and was persuaded by him to report it to police.

Mr Massey, of Kimberley Drive, Middlesbrough, said they had agreed to have sex, but that he had second thoughts and asked for a refund.

He told police they became embroiled in a struggle when the prostitute refused to return his money, but said he had never tried to rape her.