A judge has declared a mistrial in a sex assault case in Cranbrook Supreme Court.
Justice Anthony Saunders made the ruling on Wednesday morning after a jury adjourned to deliberate a verdict late Tuesday afternoon.
Matthew Allan Buxton had been facing charges for events alleged to have occurred on Oct. 8, 2016, at the accused’s home following a night of drinking at a local bar. A woman, whose identity is protected by a publication ban, told police she had been sexually assaulted, while Buxton claimed the intercourse was consensual.
Justice Saunders declared a mistrial after the jury of seven men and five women played back witness testimony in the jury room without the court officials, including the judge, crown and defence lawyers, being aware of it.
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