Trial over death of boxer is abandoned
PUBLISHED: 12:19 07 November 2019 | UPDATED: 12:19 07 November 2019
The trial of two men accused of health and safety offences following the death of a boxer in an unlicensed bout has been abandoned.
Jakub Moczyk, known to family and friends as Kuba, was taking part in his first ever bout at the Great Yarmouth arena in November 2016, when he collapsed after a series of blows to the head.
The 22-year-old was taken to the James Paget University Hospital but died two days later.
Aurelijus Kerpe, 35, of Great Yarmouth, alleged to be the promoter of the event, and medical provider Andrew Cowlard, 54, of Ormesby, have been on trial at Norwich Crown Court after they denied health and safety failings.
But the trial, which started on October 28, was brought to an end on Thursday (November 7) after the jury, of nine men and three women, was discharged.
Judge David Goodin apologised for not bringing the jury up on Wednesday (November 6) but said they had a "difficulty".
He said he was sorry to say the difficulty, which he described as a "procedural one" was "incapable of solution in this trial".
He said: "I'm having to discharge all 12 of you from reaching a verdict."
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Judge Goodin said he could not tell the jury any more than that but insisted it was "nobody's fault". He said: "No-one has done anything wicked or terrible. It's a procedural difficulty that's incapable of resolution."
Judge Goodin reminded the jury they could talk about what had happened during the trial in open court with other people. But he said there might well be a retrial and insisted they could not talk about any discussions they had in the jury room "until your dying day".
He also warned the jury not to discuss the case on social media, including Twitter and Facebook, or they would be in contempt of court.
Pascal Bates, prosecuting, said the Crown would need time to make a decision on whether there would be another trial.
Judge Goodin gave them until November 29 to make that decision.
Both defendants were given unconditional bail.
During the trial Mr Moczyk was described by his twin sister Magdalena as "everything" a perfect brother could be".
She also told how he was "so excited" to be taking part in his first fight.