The first person to face court in NSW for alleged female genital mutilation could be retried after a jury failed to reach a verdict.
The jurors - five women and seven men - deliberated for more than 12 hours, but told the District Court in Sydney it would be "absolutely impossible" for them to agree unanimously.
The doctor standing trial, who cannot be named for legal reasons, surgically removed about 60 square centimetres of Carolyn DeWaegeneire's genitals - including her clitoris - by performing a vulvectomy.
He was charged under Section 45 of the Crimes Act, which outlaws female genital mutilation and carries a maximum prison sentence of seven years.
Then 58, Mrs DeWaegeneire was referred to the rural NSW specialist in 2002 with a pre-cancerous lesion on her vulva, measuring roughly two centimetres by 2½ centimetres.
Crown prosecutor Margaret Cunneen, SC, has argued the subsequent operation was "mutilating and disfiguring".
But the surgeon claimed the procedure was justified and in the best interests of the patient's health.
Judge Greg Woods told the jury yesterday he would accept a majority verdict of 11 in this case if the jurors failed to reach agreement as a group.
But the 12 men and women, who have been hearing evidence since the trial began on November 3, were unable to oblige and just before 11.30am today informed the court they were split.
Judge Woods thanked the jury before discharging them.
"Let me say thank you on behalf of the community on the diligent effort you have made in this exercise," he said, adding that some cases were "just very difficult".
"You have obviously decided correctly to give effect to your conscientious views."
The matter will return to court on January 31.
- with AAP
