A rape complainant will be forced to give evidence twice after the trial of her alleged attacker was aborted because the judge went on an overseas holiday.
The 50-year-old woman took the witness stand in the Auckland District Court on Monday, for what was originally set down as a four-day trial.
She was part-way through giving evidence when the trial was aborted as it became clear the case would not finish before Judge Philippa Cunningham flew to Australia yesterday for a pre-booked holiday.
Judge Cunningham raised the possibility of the jury trial continuing under a different judge on Tuesday afternoon.
That option was opposed by the defence lawyer, who was unavailable if the case went over into a second week, so the trial was aborted.
It is understood that a court scheduling error was to blame. Judge Cunningham should not have been allocated a four-day trial when she was due to go overseas the following day.
The complainant - who allegedly suffered multiple rapes, assaults and sexual violation at the hands of her husband in late 2007 - will now have to wait until July to give evidence again.
Louise Nicholas, who works as an survivor advocate for Rape Prevention Education, said the complainant would be "beside herself" at the thought of giving evidence for a second time.
Mrs Nicholas spent three and a-half days giving evidence as a complainant about sexual abuse allegedly committed by three police men, who were later acquitted.
Chief District Court Judge Russell Johnson was concerned the trial was aborted because it could not conclude within the scheduled period.
In a statement, he said he would make inquiries to see if the delay could have been avoided.
Detective Sergeant Andy King, who heads the Auckland police sex assault squad, said the delay was difficult for the complainant, as she would have to go through the "trauma" of giving evidence again.
He also said the delay was difficult for the accused, as his life was in limbo until the trial was over.
Defence barrister Mark Ryan and Crown prosecutor Emma Finlayson-Davis declined to comment.
