Law Weblog

Jury accusations that the judge favoured the prosecution lead to the collapse of the trial of a man accused of rape

The trial was at Swansea Crown Court; the Judge HH John Diehl; the defendant aged 33; the victim a 17-year-old girl; the defence – she had consented.

The jurors accused the judge of “partiality towards the prosecution” in a note that they handed up to him. He immediately told the prosecution and defence barristers ordered a new trial and stood down.
The defendant was acquitted by the new jury in 40 minutes.

The Judicial Communications Office said there was no record of a similar incident in a crown court. (The Judicial Communications Office was set up in April 2005 to provide external and internal communications facilities for judicial office holders in England and Wales).