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Judge 'falls asleep' during child rape case Judge 'falls asleep' during child rape case
(about 7 hours later)
A judge is being investigated after he was accused of falling asleep during a child rape trial. A judge is being investigated after he was accused of falling asleep during a child rape trial at Manchester Crown Court, forcing it to be abandoned.
A complaint was made against Recorder Philip Cattan on the first day of a trial at Manchester Crown Court. Barristers complained Recorder Philip Cattan fell asleep as an alleged victim was cross-examined. The trial will now be re-listed as the jury was dismissed.
Barristers complained that the judge had fallen asleep as the first alleged victim was cross-examined. The trial was abandoned and must now start again. The Judicial Conduct Investigations Office said it was aware of the allegation and a probe was under way.
The Judicial Conduct Investigations Office said Mr Cattan could not comment while the matter was investigated. It added Mr Cattan could not comment while it was being investigated.
A spokesman said the office was aware of the allegation and an investigation was under way. 'Insulting'
Case relisted
Mr Cattan is a recorder - a barrister who spends between 15 and 30 days a year sitting as judge.Mr Cattan is a recorder - a barrister who spends between 15 and 30 days a year sitting as judge.
If he is found guilty of misconduct, any disciplinary action will be decided by the Lord Chancellor and the Lord Chief Justice.If he is found guilty of misconduct, any disciplinary action will be decided by the Lord Chancellor and the Lord Chief Justice.
In the case Mr Cattan was presiding over, a man was on trial for raping a child and other sexual offences against children. The Judicial Conduct Investigations Office said: "The matter is being considered in accordance with the Judicial Conduct Rules 2013."
The Crown Prosecution Service said the case would be relisted as soon as possible, and that the complainants and other witnesses were being kept informed. The Crown Prosecution Service said the jury has been discharged "following an issue that arose at court during the cross examination of the first complainant in the case".
"The trial will be relisted as soon as possible. The complainants and other witnesses have been kept informed."
Former solicitor general Vera Baird said she was shocked by the allegation.
"It's a pretty personally insulting thing for somebody when you're describing probably the most important event in your life.
"But also what does it say about the state, about judicial governance, about the criminal justice system?"
She added it would reinforce general views that the judiciary "are out of touch".