A rape case collapsed after a senior judge was accused of snoozing while an alleged child abuse victim was giving evidence.

Recorder Philip Cattan, a respected Manchester barrister who sits as a judge part-time, was seen to ‘nod off’ as the under-aged victim answered questions from the defence.

Concerned the 65-year-old judge had fallen asleep at a crucial point in the case, barristers said they wanted to raise a ‘point of law’.

While the jury was out of the room, the judge was confronted with the claim that he had slept through part of the cross-examination of the witness, who was giving evidence via videolink because of her age.

The incident was witnessed by the family of the alleged victim in the trial of John Quigley, which was expected to last five days.

The decision was then taken to abandon the trial, which began on Monday. The jury was discharged and it is expected the bill for the case, which already comes in at £10,000, will be picked up by the taxpayer.

The girl giving evidence was the first of two youngsters expected to testify that they were abused as little girls in offences spanning from 2006 to 2013.

She will now have to give evidence a second time when the case is re-listed for next month before a different judge.

John Quigley, 49, of Avon Road, Burnage, faces charges of rape of a child under 13, sexual assault of a child under 13, engaging in sexual activity in the presence of a child, three counts of causing or inciting a child to engage in sexual activity and four counts of assault by penetration.

A spokesman for the Crown Prosecution Service said: “The jury has been discharged in the trial of R v John Quigley at Manchester Crown Court following an issue that arose in court during the cross examination of the first complainant in the case.

“The trial will be re-listed as soon as possible. The complainants and other witnesses have been kept informed.”

One of the most experienced barristers on the Northern Circuit, Philip Cattan, from Cheshire, has chambers at St John’s Buildings, St John Street, Manchester.

His role as recorder means he sits for up to thirty days a year as a judge and he has previously overseen cases on gangland murders, the Oldham riots and major drugs cases.

Recorder Cattan now faces an inquiry after a complaint was made to the Judicial Conduct Investigations Office.

A spokesman said: “The Judicial Conduct Investigations Office is aware of the allegation that Recorder Philip Cattan fell asleep during a trial at Manchester Crown Court. The matter is being considered in accordance with the Judicial Conduct Rules 2013.”

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