Ankumuthi traditional owner Larry Joe Woosup's week-long trial came to a sudden end today when the jury was dismissed. (ABC Far North: Holly Richardson)
A juror in a fraud case against a Far North Queensland traditional owner noticed they were provided a copy of evidence that contained redacted material.
Jurors were dismissed on account of the irregularity and because the court failed to confiscate their mobile phones as they retired.
Mr Woosup's case will return to Cairns District Court for a trial review on September 28.
A Queensland jury has been discharged and the fraud trial of a Cape York Peninsula traditional owner declared a mistrial over "irregularities in the evidence".
Ankumuthi traditional owner Larry Joe Woosup has pleaded not guilty to two aggravated counts of fraud, with the prosecution telling the court he allegedly misused mining royalties in 2014.
After six days of evidence, statements and summaries beginning in Cairns District Court last Monday, Judge Joshua Treviño KC today dismissed the jury a little over two hours after it had retired to deliberate.
This afternoon, the court heard a juror noticed redacted information relating to an exhibit in an evidence folder and raised it with the bailiff.
Judge Treviño then told the jury that, following an examination, another juror's working copy of the evidence was also irregular.
"This raised issues about substantial prejudice that might be caused if that irrelevant material was put before the jury. There was a risk of unfair prejudice to the defendant in that material," Judge Treviño told the court.
He said the irregular evidence might have been before the jury since the start of the trial.
"If I could be satisfied that that was the only error or difference … then I may have given more consideration to whether I give strongly worded directions," he said.
"It was the crown's responsibility to prepare those documents and ensure that the documents that you were provided were the same as those that were tendered.
"You have been deliberating on, potentially, documents and material that is not evidence. That's a significant irregularity that I cannot cure."
In another error, Judge Treviño said the jury's phones were not removed when they were sent out to deliberate at 1.43pm today, until the error was realised an hour later.