THE final two men who were to stand trial accused of being involved in chucking poo around on a train have had the charges against them thrown out.

Josh Dolman and Dominic Patten had both been accused of outraging public decency following the incident on a service between Bath Spa and Chippenham.

But Judge Jason Taylor QC, sitting at Swindon Crown Court, ruled there was insufficient evidence against the pair and dismissed the charges.

Dolman, 27, of William Street, Calne, and Pattern, 21, of Chestnut Road, Chippenham, had been due to stand trial next month but that will now not take place.

The decision comes after prosecutors offered no evidence against Edward McCormack, 25, of Waters Edge, Chippenham, in June.

And a month before Recorder John Williams dismissed charges against two other members of the group who were on the train last summer.

They were Alistair Ellis, 25, of Flowers Yard, and Andrew McCabe, 27, of Drake Crescent, both Chippenham.

The latest ruling means 22-year-old Hilperton man Toby Clarke, and Bobby Clifford, 21, of St Peters Close, Chippenham, will be the only two in the dock for sentence.

Clarke has admitted that he was the man who had defecated in the carriage and Clifford accepted throwing it.

The pair, as well as the five now cleared, were members of a group of about 10 young men, some in football jerseys, in the train on Wednesday July 11 last year.

They had been to watch England lose to Croatia in the World Cup semi final before the incident on the way home.

During the journey it was alleged they were being loud and obnoxious culminating with the faeces being hurled and landing on another passenger.

As well as the poo being thrown, the men also loudly discussed sexual exploits in earshot of other passengers and used abusive language, it is said.

The group are further said to have encouraged other travellers to take off items of clothing and also removed some of their own.

At the hearing in May Mary Cowe, for Ellis, said her client had agreed to go and watch the match with friends, and got in to the same carriage after.

While others misbehaved, she said, none of the witnesses referred to her client, who was dressed in a red top with the name Vardy and number 11 on the back.

She said that the only allegations were not that he did anything but that he didn't do enough to disassociate himself from the others.

Ellen McAnaw, for McCabe, told the court that here client was with the others but in the vestibule between the carriages.

She said: "Just because they were there and watching it doesn't mean they were assisting or encouraging."

Recorder Williams said: "It is contended that there is insufficient evidence which a jury could properly conclude that the particular defendants were secondary parties to the actions of those who were the principal parties.

"Two defendants concede that their horrible actions were indeed such. The problem the Crown have it seems to me is this: since someone is not identified either by visual ID or by admission of being involved they are driven to saying everyone there was either a principal or secondary party.

"It seems to me that a jury properly directed could not possibly come to a conclusion on that placed before me."