The rape trial of a foreign national could not go ahead in the Central Criminal Court as a result of a wrong name for the alleged victim being read out from the indictment to the jury panel.
Mr Justice Paul Carney made the decision not to proceed with the empanelment of a jury in the case following a hearing in his chambers on the application of defence counsel, Mr Erwin Mill Arden SC. Mr Justice Carney directed that the press should attend the hearing in the absence of the jury panel and announced afterwards that the public interest had been served by the press presence.
Mr Mill Arden said the name read out was that of a victim in a previous rape case against the same accused who had been convicted by a jury in that case. He said that conviction was currently undergoing an appeal.
Mr Mill Arden said the previous case had been subject to publicity at the time and, as the accused man has an unusual name, the jury panel might remember it. Ms Miriam Reynolds SC, prosecuting, said she thought it was unlikely the jury panel would remember the previous case and she also doubted most of them even heard the name read out in court.
Mr Justice Carney said although he thought the application by Mr Mill Arden was "devoid of merit", the accused was a visitor to this country and must feel comfortable with the legal proceedings. He agreed to the application and postponed the case until next September.