Ear-bite trial suspended by judge

http://news.bbc.co.uk/go/rss/-/1/hi/northern_ireland/7042047.stm

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A judge has suspended the trial against an alleged ear-biter amid fears that he may not receive a fair trial.

John Totten, 27, from Milebush Close in Carrickfergus, had denied grievous bodily harm with intent.

The judge said the charges should be 'stayed' as police had failed to take a statement from a barman and the full circumstances could not be known.

The charges relate to an alleged attack on Gareth McMurtry at the Bentra Roadhouse, Whitehead, in July 2006.

Earlier, the jury heard evidence that Totten was told to leave the bar after allegedly making inappropriate comments about Mr McMurtry's girlfriend.

However, when he was outside, it was alleged he attacked Mr McMurtry, biting off half of his left ear.

During questioning by police, Totten denied he had said anything insulting to the woman and claimed that when he went outside, he was attacked by a crowd of males.

He claimed they had "danced" on his head and that he had bitten Mr McMurtry's ear in self-defence.

The court ruled that the failure to take a statement from the barman created created the impression that the police had adopted "a view of the incident before it was fully investigated".

Due to this, the judge, there was "sufficient potential prejudice" towards Totten to be able to grant the stay.