THE trial of a York teenager accused of raping a woman has collapsed, after some jurors were found watching a TV darts match when they should have been considering their verdict.

It means the alleged rapist, 19-year-old Phillip James Nicholas, now faces a retrial.

The cost to the taxpayer of the trial's collapse has been put at more than £34,000.

The revelation came yesterday as York Crown Court court prepared to restart after a lunchtime adjournment.

The judge, Paul Hoffman, was made aware the jury had been watching television.

Defence barrister Taryn Turner told Judge Hoffman she was worried the jury's judgement may have been affected by what it saw on screen.

So Judge Hoffman called the eight men and four women back in, and was told they had seen the local news, the weather forecast - and part of a match in the Embassy World Darts Championship.

"We weren't all watching at the same time. Some of us were taking a break from deliberations, while others had more to say and were continuing to discuss the issues," the jury foreman said.

Judge Hoffman then asked the jury to retire before addressing the court.

He said his concerns were not the programmes the jury had seen, but the fact parts of the case had been discussed while not all the jury members were present.

After calling the jury back in, Judge Hoffman said: "This is all very unfortunate. I do not blame you for this situation.

"A television set is there to be watched, but that set is supposed to be in a state where it cannot be watched.

"That is not your fault. However, this is all very irregular. I have never come across such a case within 40 years of practice.

"Once you are in that room, you are supposed to be discussing the case. What bothers me is that some of you were watching while others were discussing.

"It is a situation that gives me no pleasure, but this case will have to be tried again."

The date for the retrial has been set for May 7.

Updated: 09:42 Saturday, January 12, 2002