THE judge presiding the trial of a man accused of raping a teenager sent a jury home after a "legal issue" arose.
Brian Lee Cerqua, from Amesbury, has pleaded not guilty to one charge of sexual activity with a child with six counts which are said to have taken place between April 24, 2006, and April 23, 2009.
It is alleged that Cerqua, 47, raped a girl known to him, aged between 13 and 15, more than 30 times.
Cerqua denies engaging in sexual activity with the girl.
During the third day of Cerqua's trial at Salisbury Crown Court a "legal issue" arose.
Defence counsel Fern Russell and prosecutor Edward Culver navigated the issue with His Honour Judge Timothy Mousley KC on April 10.
But due to the nature of the discussions, the jury nor the press were allowed to enter the room while they took place.
Read more about the trial:
- Day one: Amesbury man Brian Cerqua on trial in Salisbury for child rape
- Day two: Teen was allegedly raped 'more than 30 times', court hears
Shortly before 3pm, Judge Mousley called the jurors in and said: "Let me give you an explanation for why you haven’t been in court today.
"A legal issue arose in the case, which is understandable, it often happens and that’s meant in your absence, again always happens, I deal with them in the absence of the jury.
"That included extensive oral submissions in court."
Judge Mousley reassured the jury that the case had been going "full pelt" but not in a way the jury was required.
He added that the complainant had been waiting in court all day to give evidence.
"I don’t think it would be fair to keep her waiting," he said.
“I’m going to let you go and you’ll come back tomorrow morning.
“Overall, we’re making good progress if that’s any comfort to you. I know it’s incredibly frustrating."
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