THE trial of a Bolton teacher accused of raping a 17-year-old schoolgirl was dramatically halted today when the judge went sick for a second day running.
Jurors at Winchester Crown Court were told Judge Patrick Hooton had a virus which affected his "sense of balance".
And the six men and six women were told that it was unlikely that Judge Hooton would be fit enough to attend court for the next week.
Judge Michael Brodrick discharged the jury, and ordered that a date be found for the retrial of history teacher Lee Savage.
The 31-year-old head of history at Sharples Secondary School in Bolton, is alleged to have raped and indecently assaulted a girl at a holiday park on the Isle of Wight.
The married teacher denies both charges.
Before granting him bail, Judge Brodrick told the jury: "I think you were probably informed that Judge Hooton was taken ill in the course of Monday night.
"I took the responsibility yesterday of not discharging you there and then.
"Having spoken to his wife overnight, I don't want to say a great deal, but he has got a virus and it is named.
"The effect of it is that it has consequences on his sense of balance."
He added: "He is clearly unfit to continue this trial. The indications are that he won't be fit for a week.
"I'm going to take it upon myself of discharging you in this case. I don't think the interests of justice would be best served by a period of delay.
"It might impose a pressure upon him (Judge Hooton) to come back sooner than was medically desirable."
After discharging the jury, Judge Brodrick added. "It is the first time that I have ever had to undertake such a task."
Savage, of Roseland Drive, Prestwich, was granted bail on condition he doesn't contact the complainant, resides at his home address, and does not go within a 20 miles radius of Bolton or Wigan town halls.
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