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Child Rape Trial Halted As Judge Fell Asleep

(19 Posts)
HollyDaze Sun 27-Jul-14 16:54:27

The trial of a man accused of raping a child was halted because a judge fell asleep, it has been claimed.

An investigation has been launched into the allegations that Recorder Philip Cattan nodded off as a young alleged victim gave evidence via video-link.

The Judicial Conduct Investigations Office confirmed it is looking at what happened at the trial of John Quigley at Manchester Crown Court.

After the allegation was made, the judge stopped the trial and it will now be relisted.

In a statement, the Crown Prosecution Service said: "The jury has been discharged in the trial of R v John Quigley at Manchester Crown Court following an issue that arose at court during the cross examination of the first complainant in the case.

Sky News North of England Correspondent Nick Martin said the incident was pointed out by barristers in court working on the trial, which had cost around £10,000 by the time it was halted.

Quigley, 49, of Avon Road, Burnage, Manchester, denies a number of sex offences including raping a child under 13.

Philip Cattan is a practising barrister in the Manchester area as well as a recorder, which is a part-time judge. He belongs to the St Johns Buildings Chambers in the city.

When Judge Gabriel Hutton was found to have nodded off during a rape trial at Gloucester Crown Court in 2002, causing it to be abandoned, he was disciplined.

https://uk.news.yahoo.com/child-rape-trial-halted-judge-fell-asleep-104942804.html#JWtizc1

It beggars belief that this could happen.

The first few posters sum up the situation very well - I would also like to see him reimburse the public for costs.

Any bets on whether or not he will keep his job hmm

Mishap Sun 27-Jul-14 16:57:02

This is beyond belief - of course he will keep his job - the Old Boy Network will swing into operation.

Iam64 Sun 27-Jul-14 17:08:29

Beyond dreadful, and having been involved in the difficult task of video interviewing children in similar case, it's beyond belief that anyone could nod off as a child tells his or her story in such difficult circumstances.

HollyDaze Sun 27-Jul-14 17:24:52

It will certainly be interesting to see what happens to this judge.

MiniMouse Sun 27-Jul-14 20:54:06

How dreadful for the poor child having to wait for a retrial and then relive the ordeal again.

If there's no medical reason for the judge to have nodded off, then he should not continue in the job.

It will be interesting to see a) What excuses will be put forward and b) how he will be 'disciplined' if found guilty. If. . . !

rosequartz Sun 27-Jul-14 20:56:43

I agree MiniMouse. Horrendous for this poor child to have to relive it, and to maybe think that the judge was sufficiently uninterested in what he/she had to say that he fell asleep.
He is not fit to be a judge.

HollyDaze Mon 28-Jul-14 11:05:37

My thoughts too MiniMouse and rosequartz - very sad indeed, that poor child.

I'm surprised at the lack of response/interest on this thread given the other recent threads regarding child sex abuse but I'm glad there are five of us that find what happened shocking to say the least.

GrannyTwice Mon 28-Jul-14 11:51:28

Holly - I don't think there's much to add to what has been said - that's why I hadn't posted. Yes it is dreadful most of all for the victim(s) with having to go through it all again and to having to wait again. I found it odd that he fell asleep ( allegedly I suppose I should add) during cross examination as you think he would be most engaged then, partly because of his duty to make sure the barrister stayed within acceptable limits. It will now be interesting to see what happens to hom and what, if any, his defence is.

rosesarered Mon 28-Jul-14 12:07:11

Could it be the very hot weather? Stuffy courtroom? Lack of sleep for medical reason or old age? Conditions in the court need looking into, and of course, the reasons the judge may have said in his own defence?Several glasses of wine at lunch?!
It is awful that it will all have to be redone [especially for the child victims] and yes, if at fault, he certainly should bear the cost of the re-trial.

sunseeker Mon 28-Jul-14 13:24:18

How horrendous for the poor child - to have to face questioning once was bad enough but will now have to go through it all again.

Even if there was a medical reason for his possibly falling asleep, surely he should have raised this before the trial started and stood down until the medical problem had been sorted out.

ffinnochio Mon 28-Jul-14 13:35:41

It is completely unacceptable, and I feel for the child. I hope the judge is disciplined and is made liable for some of the cost. If his 'sleepiness' was a medical condition, then he should not have been working.

The lack of response to this thread was questioned. I'm sure it has been read by many. Your bringing it to the attention of this forum was good enough.

Ana Mon 28-Jul-14 13:38:27

I agree, there is no excuse. If he had a medical problem or was on medication which could cause drowsiness, he should not have been presiding. He's only 65, so not exactly 'old'.

Iam64 Tue 29-Jul-14 08:25:04

I'm still feeling very cross about this. Almost all the Manchester courts I've been in have (ferocious) air conditioning. Those that don't, have fans, so I just can't see the current warm weather as causing this Judge to fall asleep. The tension in court rooms as x exam of a child witness begins is palpable. Unless this Judge is/was suffering significant ill health at the time of this trial, he's gotta go hasn't he. Even if he did have health problems, he has some responsibility for ensuring he's fit enough to work. Stopping a trial mid way is awful, but not as awful as having a Judge fall asleep. I wonder who will explain this to the young witness, how anyone can explain this in a way that doesn't compound the alleged abuse. I will stop there, in danger of a full on rant

HollyDaze Tue 29-Jul-14 17:28:15

I also think it is time to change the rules (whatever they are) regarding the judiciary and if someone is inept and/or passing overly lenient or overly harsh sentencing (on a regular basis), they should be replaced with the same ease as the rest of the working population.

Nonu Tue 29-Jul-14 18:22:10

You know what, I agree with you all the way HOLLY.
smile

rosequartz Tue 29-Jul-14 19:59:55

Or just TOO OLD. Experience is one thing, but being unable to stay awake when doing an important job like this must mean he is in his dotage and should be retired.

Ana Tue 29-Jul-14 20:06:56

As I mentioned above, rosequartz, the judge in question is only 65 - not exactly in his dotage!

rosequartz Tue 29-Jul-14 20:09:03

Oh, missed that.

Eloethan Tue 29-Jul-14 23:37:16

Presumably he was aware that he was feeling very tired and unable to concentrate. I imagine it was within his authority to say that he felt unwell and adjourn for the day. I'm sure that feeling very sleepy at work is something that could happen to anybody but with such a hugely important role he really should have dealt with it more responsibly.