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Tuesday, May 3, 2022

Unusual basis for a mistrial

Stuff (NZ) reports that,

The Chief Judge of the Court Martial Kevin Riordan has declared a mistrial in the case of a senior naval non-commissioned officer facing a charge of common assault against a subordinate.

On the second day of the trial, after all witnesses had spoken, Judge Riordan addressed the military panel tasked to judge their peer in the court martial.

He said he had understood from them that they had decided on the facts of the case on Tuesday morning, before all the evidence had been presented in the case, which may prejudice the accused’s “absolute right to a fair trial”, he said.

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