A HOMELESS man accused of the body-in-the-suitcase murder of Terry Edmonds could face a third trial after a jury failed for the second time to reach a verdict.

The prosecution indicated that it was an unusual course but said the decision had been taken after "anxious consideration".

Philip Bell’s QC, Alun Jenkins, immediately accused the prosecution of acting in a "fit of pique" and "jury shopping" to find one more compliant. He added that he would object to a third trial being held.

Anthony Haycroft, prosecuting, said there was a convention that there should only be two trials, but added: "However, it is a convention and not a rule of law."

The Crown, he said, could either offer no further evidence or proceed to a second retrial. "I am instructed by the assistant chief Crown prosecutor of Kent it is the Crown’s intention to proceed to a second retrial," he said.

Mr Jenkins said there had been two ably conducted trials and the public may think a third was being sought "in a fit of pique" with no further evidence to put before the court.

"This is just jury shopping, hoping a jury will be more compliant," said the QC. "They have nothing further to offer. There have been two trials and 24 members of the public have failed miserably."

Mr Jenkins said a hearing should be held to decide whether another trial was an abuse of process.

Judge Patience said it did not sound as though the decision was reached in a fit of pique, but agreed there should be a further hearing some time after April 11 to decide the matter of public interest.

The prosecution alleged at Maidstone Crown Court that Bell strangled Miss Edmonds with her own scarf, sexually assaulted her and hid her body in his suitcase in a car park where he slept rough next to Tunbridge Wells railway station.

Police found the body 12 days after she disappeared on Bank Holiday Monday, April 17 2006. Miss Edmonds, 17, was living at a nearby hostel. She came from Hadlow, near Tonbridge.

Bell was remanded in custody. His QC indicated he would make a bail application.