A JURY has failed to reach a verdict in the case of a nightclub fracas in which a man had a third of his left ear severed.

Mark Traynor suffered extensive injuries in the encounter at Swindon's Eros night spot on June 30.

Although his acquaintance James Gibson admits causing grievous bodily harm, he denies he intended to do it.

But after hearing two days of evidence and deliberating for five hours, a jury of six women and five men at Swindon Crown Court told Judge John McNaught it was unable to decide on a verdict.

Thanking them for their work, the judge discharged the jurors from their duties.

"We will need to fix another trial as soon as possible," he said, releasing Gibson on condition that he lives at an address in Devizes, has no contact with prosecution witnesses and does not come to Swindon other than for specific reasons, including legal consultations.

Mr Traynor, 37, of Toothill, was left with serious injuries after the incident and the bottom third portion of his left ear was severed and retrieved from the floor of the club.

The injury was treated by surgeons during the course of two weeks' treatment at Swindon's Princess Margaret Hospital.

He also needed stitches to his bottom lip, lost two teeth, chipped another and had another pushed into his root canal.

He suffered bruising to his eyes, head and shoulders.

Mr Traynor said that he asked staff at Eros to keep painter and decorator Gibson away from him, after believing the 34-year-old, of Newark Close, Freshbrook, made a pass at his girlfriend.

The jury heard, however, that trouble flared when Gibson was warned by door staff to avoid Mr Traynor but went to have a word with him.

Prosecuting, Julian Howells said that Mr Traynor told Dr Adrian Peel he had had a large quantity of alcohol, speed or ecstacy before the incident.

Gibson admitted drinking nine pints and five double Jack Daniels that day.

Mr Traynor's account was that Gibson tapped him on the shoulder, lashed out at his friend and then caused the injuries.

Gibson's account was that he put his arm around Mr Traynor's shoulder to ask him what was wrong, was headbutted by Traynor and then punched four or five times in the face.

He told the court that he bit out on something, not knowing what it was, when he couldn't get Mr Traynor off of him.

Mr Howells confirmed to the court that the Crown Prosecution Service intended to stage a fresh trial.