A MAN who claimed to be acting in his sleep after being accused of raping his friend will not face a third trial.
The 31-year-old man was accused of raping the woman at an apartment in Dublin on September 28, 2008.
However the Director of Public Prosecutions will not proceed with a third trial.
The first trial in 2015 collapsed due to legal issues just before the jury began deliberations, while the jury in the second trial in 2016 were unable to react a verdict.
According to RTÉ, the man conceded during evidence at trial that he might have had sex with the woman, but claimed he was suffering from sexsomnia, a rare condition that causes people to carry out sexual acts while asleep.
A third trial date was set down for today.
However when the case was called, prosecution counsel Patrick McGrath SC told Mr Justice Patrick McCarthy that he had been instructed to enter a nolle prosequi on the single charge, dropping the case against the defendant.
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