The jury in a Melbourne rape trial has been discharged because of interactions between a juror and a member of the prosecution.
A new 12-person jury has now been empanelled in the trial of Nasser Alsulayhim, who has faced Victoria's County Court on five charges including rape, false imprisonment and sexual assault by compelling sexual touching.
The Saudi national has pleaded not guilty to the charges, which are alleged to have occurred in April 2018.
His trial started on February 11 and was approaching closing arguments when the jury was discharged on Tuesday by the judge, due to two incidents.
The first incident involved a member of the jury mouthing "that's good" to the police officer after they were told they could go home. The officer smiled back in response.
The second incident happened when the juror wished the officer a good afternoon, and the officer responded, "You too".
Both incidents occurred on Monday.
A new trial is expected to start from scratch shortly, but witnesses will not be recalled as jurors will be shown evidence that was recorded on DVD.
A spokesman for Victoria Police would not comment on the issue because it was before the courts.
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