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| Version 1 | Version 2 |
|---|---|
| Judge 'falls asleep' during child rape case | Judge 'falls asleep' during child rape case |
| (about 4 hours later) | |
| 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 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. |
| 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 Recorder Philip Cattan fell asleep as an alleged victim was cross-examined. The trial will now be re-listed as the jury was dismissed. |
| The Judicial Conduct Investigations Office said it was aware of the allegation and a probe was under way. | The Judicial Conduct Investigations Office said it was aware of the allegation and a probe was under way. |
| It added Mr Cattan could not comment while it was being investigated. | It added Mr Cattan could not comment while it was being investigated. |
| 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. |
| The Judicial Conduct Investigations Office said: "The matter is being considered in accordance with the Judicial Conduct Rules 2013." | The Judicial Conduct Investigations Office said: "The matter is being considered in accordance with the Judicial Conduct Rules 2013." |
| 'Personally insulting' | |
| 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 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." | "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 and had "real concerns" over the allegation. | |
| She said: "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?" | "But also what does it say about the state, about judicial governance, about the criminal justice system?" |
| She said it would reinforce general views that the judiciary were "out of touch". | |
| Ms Baird said it was the public who would have to pick up the bill for the cost of two trials. | |
| She said it was essential the trial started as soon as possible while the complainant still had the confidence to give evidence. | |
| Ms Baird added it was important for the defendant, too, who had been left "hanging" by the incident. |