Jury discharged from case of Ipswich man charged with violent burglary
PUBLISHED: 16:51 31 August 2017 | UPDATED: 16:51 31 August 2017
The jury has been discharged in the case of an Ipswich man accused of a violent burglary after new evidence not disclosed to the defence was submitted by the prosecution.
Michael Vincent, 45, of Cedar Avenue, Kesgrave, who faced charges of aggravated burglary, unlawful wounding, possession of a knife and possession of cannabis, was remanded in custody until a new trial on Monday, March 5 next year.
The court heard that evidence the prosecution was obliged to pass to the defence had not been handed over, leading defence barrister Stephen Dyble to argue it would have a detrimental effect on his client’s right to a fair trial.
Discharging the jury, Judge John Devaux said: “The prosecution are obliged to give the evidence to the defence to see if the material will strengthen the defence case or weaken the prosecution case.
“There is material that was not disclosed that should have been.
“Unfortunately the problem cannot be remedied over the weekend.
“I am left with no alternative but to discharge you from giving verdicts on this case. I do this with no pleasure.
“I hope this will reinforce the importance of disclosure being committed to properly.”