PROSECUTORS have dropped assault charges against two Poles who twice stood trial for gang-raping a deaf woman.

Marcin Legowski, 24, and Cezary Krasnopolski, 26, both formerly of Lincoln Street, off Leeman Road, York, were charged with wounding John Chapman a month after they allegedly took part in the mass sex attack in St Martin's Churchyard, off Micklegate, in November 2005.

They denied the assault charge and their trial on that allegation was postponed until after they and two other Poles had stood trial charged with rape.

Two juries failed to reach verdicts on the rape trial. When the Crown Prosecution Service did not ask for a third trial, they were formally acquitted of that charge last month.

Now the CPS has formally offered no evidence on the assault charge as well.

A CPS spokesman said: "We have decided not to pursue the charge of unlawful wounding against the two defendants in this case. The facts of each case are reviewed regularly and, in this instance, there was a change in circumstances which meant the evidence did not support a realistic prospect of conviction. In addition, the defendants had already served nine months on remand for another charge which would not have been added to by a further prosecution."

All four Poles were remanded in custody on the rape charge from November 2005, but got bail after the first trial. Time spent on remand can count towards a defendant's sentence if convicted and nine months on remand is the equivalent of serving an 18-month sentence.