The trial into an alleged grooming gang in Rochdale collapsed after jurors set up a WhatsApp group to discuss the case.
The jury at Manchester Minshull Street Crown Court was hearing the case of six men accused of rape and other sexual offences against two teenage schoolgirls in Rochdale, Greater Manchester, between 2003 and 2006.
The prosecution opened its case in October last year but the trial was halted two months later after one of the 12 jurors reported to court officials that several of them had messaged within the group about a broadcast on the topic of grooming gangs.
In one exchange a member warned the other jurors not to watch the broadcast to which one responded: ‘I’m going to watch it anyway,’ followed by a smiley emoji, the court heard.
Another juror was also said to have messaged they too would watch the broadcast.
An investigation was launched and the entirety of the WhatsApp communications was examined by Judge Matthew Corbett-Jones.
The pair who said they would watch it, along with the rest of the jury, were then questioned about the matter but said they had not actually viewed it.
Defence barristers suggested the pair may not be telling the truth and the prosecution invited the judge to further question the two jurors.
But Judge Corbett-Jones declined to do so and granted defence applications to discharge the jury.
He argued there were ‘real concerns’ it was not following legal directions by conducting research into grooming gangs and there was a risk it could happen again.
The judge ruled: ‘With considerable regret and disappointment, I have reached the conclusion that the multiplicity of problems which have now arisen and the uncertainty as regards these issues means that whatever course of action I take, unanswered questions remain.
‘In light of that, no course of action that I can reasonably take can cure the position that now exists because of these multi-layered difficulties.’
Reporting restrictions on the reasons for the discharge of the jury were lifted on Friday following an application from the Manchester Evening News.
A retrial will take place in August.
- Tahir Rashid, 54, of Hudsons Walk, Rochdale, denies 12 counts of rape, three counts of indecent assault and one count of assault by penetration. Rashid has also pleaded not guilty to the rape of another young girl in the late 1980s.
- Mohammed Saleem, 46, of Shaw Road, Littleborough, denies eight counts of rape.
- Sucklane Shah, 46, of Milnrow Road, Rochdale, denies two counts of rape. Now of no fixed abode
- Arshad Mohammed, 55, of Merefield Street, Rochdale, denies four counts of rape and one count of assault by penetration.
- Itfaq Hussain, 45, of Hey Street, Rochdale, denies three counts of rape. Now of Shawforth Lancs
- Amjad Mahmood, 53, of Channing Street, Rochdale, denies 11 counts of rape, two counts of indecency with a child, two counts of assault by penetration and one count of indecent assault.