WAITER has been cleared of rape after a jury failed to reach a verdict in a trial at Worcester Crown Court Court.

Abdul Miah, aged 27, of Hemming Way, Evesham, had denied the sex attack on a 19-year-old girl after she called at the restaurant where he worked to try and arrange a lift.

The prosecution was given a week to decide whether to stage a retrial.

But Tim Harrington, for the Crown, said the alleged victim had been spoken to again and did not wish to give evidence for a second time.

Not guilty

He offered no evidence against the married defendant and Mrs Recorder Darbyshire gave Mr Miah a not guilty verdict.

The girl, who sobbed throughout her evidence during the trial last month, said she wanted a lift to Malvern to meet her estranged boyfriend to talk about their love problems.

But when it failed to materialise, she stayed talking to staff at Pundits restaurant in Old Street, Upton-on-Severn.

She alleged she went upstairs to the defendant's room for a cigarette and was raped before escaping in the early hours and waking up her parents.

Mr Miah insisted they had sex by consent.