Scott Kuggeleijn rape trial: Hung jury, cricketer will play when season begins

Northern Districts cricketer Scott Kuggeleijn will have to again stand trial for the alleged rape of a woman in Hamilton last year.

A jury of four women and eight men spent nearly 11 hours deliberating the facts of the trial which stretched seven days in the Hamilton District Court.

After being sent out to discuss the verdict at 11.30am on Tuesday, they returned with a note to Judge Philip Connell to say they couldn't reach a verdict just after 2pm on Wednesday.

Kuggeleijn remained composed as heard the news as he sat flanked by two security guards in the court room, before sinking his head into his hands and shaking his head.

"It's an unfortunate conclusion of these things for you today and I'm sorry that it's happened but it is, as you understand, that the jury has not been able to come to a majority verdict," Judge Connell told him.

A new trial date will now be set.

The matter will be called again on September 8, however Kuggeleijn has been excused from attending.

Leaving the court room, Kuggeleijn looked disappointed as he walked over and sat with his family, parents Chris Kuggeleijn and Jenny Scown, and brother, Steven.

As the family left the court they declined to comment but Kuggeleijn told the Herald he just "wants to go home".

Kuggeleijn's lawyer Philip Morgan QC and crown prosecutor Jacinda Foster also declined to comment about the decision as they left court.

Northern Districts Cricket chief executive Peter Roach said Kuggeleijn was still eligible to play when their season begins on October 22.

"Our stance on Scott is that we'll continue to honour his contract ... He's maintaining his innocence, he's pleaded not guilty. We'll continue to honour his contract and let the courts determine his guilt or otherwise."

Roach said the topic of the trial would be discussed with the players' association this year, just as any local or global event effecting sports people was discussed every year.

"Professional sportsmen face additional pressures to what the general society from time to time can face. Included in that training is always aspects of good decision-making. We'll assess that to see what the best training is for our male players and also our female players to make sure they're aware of what professional sporting landscape brings."

Roach admitted the trial had been long and exhausting but said the team would "move forward with the hand that's dealt us" and await the next court date.

Earlier, the case had come down to consent.

Morgan had earlier asked the jury to dismiss the charge and said there was no protestation by the alleged victim and that she did consent, albeit reluctantly or regretfully.

However, Foster submitted that the complainant had said no and that she was held down by her arms against her will.