The case concerns a woman who has been charged with aggravated drunken driving and aggravated illegal driving. The trial has been held and the verdict was due to be announced on Wednesday.
But no judgment ever appeared because “due to an oversight, it was not noticed at the main hearing that there was a spoliation situation”, the district court writes in the written protocol.
The judge who signed the protocol was married to the prosecutor.
“I discovered the circumstance when I was writing the sentence,” the judge told the newspaper.
The mistake was not discovered because the prosecutor at the hearing was not her ex-husband, but someone else, according to the judge who emphasizes that the mistake should have been discovered earlier anyway.
The trial must now be retrialed as soon as possible, without the risk of a retrial.