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ABC News
ABC News
National
Bridget Rollason

'Reckless' TV report gets jury dismissed in Victorian grandmother's murder trial

The trial of a man accused of murdering a Victorian grandmother has been aborted after a local TV news bulletin broadcast inaccurate information, and details that had not been heard by the jury.

Karen Ashcroft, 52, was at a friend's house in the central Victorian town of Maryborough in May last year when she was fatally stabbed.

Forty-year-old Ben Wardlaw, from nearby Percydale, had been on trial in the Supreme Court, which has been sitting in Ballarat.

Eight witnesses had given evidence in the first three days of the trial.

But Justice John Champion today dismissed the jury after an application from defence lawyer Malcolm Thomas.

Mr Thomas told the court a WIN News report, broadcast last night, included inaccurate information, and evidence that was inadmissible in court and had not been heard by the jury.

Justice Champion told the court there was a high risk that members of the jury would have seen the report, which was aired on prime-time television at 6:00pm, and could speculate based on the information.

"Why these words were said were remarkable," Justice Champion said.

"The reportage was reckless."

"This is a regrettable decision, but I am particularly concerned for the friends and relatives of Ms Ashcroft who will have to sit through all of this again."

Mr Wardlaw was remanded in custody for a retrial and the matter will return to the Supreme Court next month for a mention.

The publication of prejudicial material can give rise to a charge of contempt of court.

Lawyers may seek costs from the television network.

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