Counsel is expected to reconvene in Cranbrook Monday to restart the matter involving a man accused of sexual assault and choking.
Justice Anthony Saunders declared a mistrial in the case of Matthew Allen Buxton last month.
Buxton faced three charges in relation to an October 2016 incident when a local woman alleges she was raped.
However, Saunders terminated the proceedings after the jury reviewed evidence during its deliberation without the knowledge of the court.
In a rare move, Saunders discontinued the jury’s deliberation hours into it amidst the revelation the jury recalled evidence unbeknownst to the court.
When court reconvened the next morning, Saunders asserted the trial has sustained irreparable damage and Mr. Buxton’s rights had been breached.
Crown Prosecutor Jillian Vivian tried to submit through case law there are remedial measures the court could take to prevent the jury from forming prejudice against the accused.
However Saunder’s ultimately agreed with with defense counsel that this could have created prejudice against the accused.
It’s expected a new date for a new trial will be determined Monday, and start the process of selecting a new 12 member jury who will have to listen testimonies from witnesses and the alleged victim, who will take the stand for a second time.