An Elliot Lake man's three-week homicide trial came to an abrupt end Saturday when the judge declared a mistrial.
Superior Court Justice Annalisa Rasaiah discharged the jurors at 11:45 a.m., telling them she had ordered a mistrial "as a result of some events that have transpired."
The jury was beginning its second day of deliberations at Brad Southwind's first-degree murder trial.
Shortly before 10:30 a.m., in the absence of the jury, the Crown and defence were called into the courtroom.
Rasaiah said she had learned this morning that some documents had inadvertently ended up in an exhibit box that had been sent into the jury room on Friday.
The documents included a medical report from a doctor at a mental health centre which hadn't been entered as evidence at the trial.
When a court services officer went to retrieve them, she found the package had been opened and the documents had been viewed by jurors.
Prosecutor Karen Pritchard indicated the Crown's position is that there is a risk of real prejudice because of this error.
"There should be a mistrial," the assistant Crown attorney said.
Defence counsel Don Orazietti agreed.
Rasaiah said trial fairness had been compromised.
"To prevent a miscarriage of justice I'm declaring a mistrial," she told the lawyers.
The jury was then brought into the courtroom.
After advising them of her decision, the judge thanked the jurors for their service.
She also reminded them that everything said and discussed, along with any votes taken in the jury room "must be kept secret."
No one "has the right to know what was said," Rasaiah told them, adding disclosure of such information is an offence under the Criminal Code of Canada.
The lawyers will appear before a duty judge in August to set a date for a new trial.
Southwind, 27, is accused of murdering his best friend four years ago.
The body of Joseph Topping was located in a wooded marshy area on Feb. 14, 2018, a month after his mother had reported her 31-year-old son missing.
It was discovered along a trail behind a Mississauga Avenue building, where both men had apartments.
Topping had been stabbed 17 times in his neck, chest, back, head and face.
During the 12-day trial, the court heard testimony from several Ontario Provincial Police officers involved in the investigation, as well as a forensic pathologist, a DNA expert and two members of Southwind's family.
The accused also took the witness stand in his own defence and during cross-examination by prosecutor David Didiodato admitted to killing Topping.