The trial of two Hawke's Bay men for attempted murder was over before prosecutors even had a chance to launch their case.
Harley Vance Collier, 25, and Tiaki Lance Erueti Phillips, 22, were to have stood trial in the High Court at Wellington this week for the attempted murder of Ahmed Najim, 19, at Hawke's Bay Prison on October 27 last year.
A jury was empanelled and both men pleaded not guilty before Justice Jillian Mallon declared a mistrial and discharged the jury.
The decision followed closed-door discussions between the lawyers.
Justice Mallon told the jury an issue had arisen that could not be fairly resolved in the time allocated for the trial.
Collier and Phillips were remanded in custody to appear for a call-over in the High Court at Napier on September 1. A new jury trial has been set down for October 4 in Wellington.
The lawyers will meet to discuss the legal issues in Wellington next week.
The trial had been set down for five days, with witnesses to have included prison officers, a medical doctor, police officers and forensic scientists.
- NZPA
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