The trial of alleged Rochdale grooming gang members collapsed after a judge was told about a WhatsApp group involving jurors.
The case being heard at Manchester Minshull Street Crown Court involved six men accused of rape and other sexual offences against two teenage girls between 2003 and 2006.
Proceedings were halted in December after jurors, instructed not to conduct their own research or discuss the case outside of the jury room, were found to have been messaging each other about a broadcast on grooming gangs.
Judge Matthew Corbett-Jones agreed with defence barristers that the matter raised “real concerns” the jury would not follow legal directions.
The court heard that in one chat exchange, a member of the group warned that viewing the broadcast was contrary to the judge’s directions, but one responded: “I’m going to watch it anyway,” followed by a smiley emoji.
Another juror messaged that they too would watch the broadcast.
The matter came to light when another juror reported the WhatsApp group to court officials, and an investigation was launched.
The two jurors who said they would watch the broadcast were questioned but claimed they had not actually viewed it.
Defence barristers suggested the pair may not be telling the truth and the prosecution invited the judge to further question the two jurors.
However Judge Corbett-Jones agreed with an application to discharge the jury, telling the court: “With considerable regret and disappointment, I have reached the conclusion that the multiplicity of problems which have now arisen and the uncertainty as regards these issues means that whatever course of action I take, unanswered questions remain.
“In light of that, no course of action that I can reasonably take can cure the position that now exists because of these multi-layered difficulties.”
Reporting restrictions on the reasons for the discharge of the jury were lifted on Friday following an application from the Manchester Evening News.
A re-trial is set to take place in August.
Tahir Rashid, 54, and Mohammed Saleem, 46, both from Rochdale; Iftaq Hussain, 45, of Shawforth; and Sucklane Shah, 46, of no fixed abode, all deny rape.
Arshad Mohammed, 55, of Rochdale, denies rape and assault by penetration, while Amjad Mahmood, 53, also of Rochdale, denies rape, indecent assault, indecency with a child and assault by penetration.
Rashid also pleaded not guilty to the rape of another young girl in the late 1980s.