Witness falls sick: murder trial ends

A murder trial over the death of a small child has been abandoned after nearly a month of evidence because a star witness has become suddenly unwell.

The witness, a doctor, was to be called by Crown prosecutors to give evidence at the trial of Patricia Pickering, 38, who is accused of murdering her adopted son, Dylan Hohepa Tonga Rimoni, in April 2008.

Justice Edwin Wylie discharged jurors yesterday at the High Court at Auckland, telling them the trial couldn't continue without the witness. A new trial will now have to be held.

The judge said the doctor's evidence was going to form an important part of the Crown case against Pickering. There was no one else in New Zealand who could give the same evidence, which was expected to be challenged by Pickering's defence lawyer Frank Hogan.

Justice Wylie said the doctor's lack of availability at such short notice placed the Crown in an "extremely difficult position".

When prosecutors learned of the doctor's difficulties they began looking at finding a suitable witness overseas, but hadn't been able to immediately find one for the trial to continue.

The doctor went to another doctor last Friday suffering from what the Herald understands was a breakdown. The court was given a medical certificate stating the doctor would be unable to give evidence this week or in the "foreseeable future".

It wouldn't have been possible to keep the jury while an alternative expert was found so they were discharged without giving a verdict.

Pickering has been remanded on bail until a new trial in May.

She wept throughout yesterday's hearing as lawyers discussed bail conditions and proposed new trial dates.

The trial has been running for 3 weeks and is likely to have cost taxpayers tens of thousands of dollars.

When it opened on February 22, prosecutor Phil Hamlin said an autopsy revealed 3-year-old Dylan died from massive head trauma. He said Pickering was the only one home on the day the injuries were inflicted.

In his opening statement, defence lawyer Frank Hogan said the timing of Dylan's injuries were of "crucial importance" and that Crown medical evidence was flawed when it said the child had to have been fatally injured on April 15.