The DNA evidence for two defendants in the Ayia Napa gang rape trial was thrown out during a hearing at Famagusta criminal court on Monday.

As such, their trial will now hinge on the remaining witness statements, including that of the victim.

Five Israeli men aged 19 and 20 are facing rape and sexual assault charges after a 20-year-old British tourist alleged she was gang raped by them in September.

During a trial within the trial, lawyer for defendants four and five, Paris Loizou argued police did not follow due process when obtaining the DNA material.

Court accepted that police did not properly inform the defendants and as such did not adhere to the law.

According to Loizou, any DNA evidence linked to these two defendants will no longer be admissible in court.

The remaining three defendants may be able to use this decision at a later stage during the trial.

The alleged rape took place at the Fedrania Gardens hotel, where a pool party was taking place.

All five defendants are being held in custody.