Two brothers, each charged with having unlawful sexual intercourse and committing buggery with a mentally impaired woman, have had the case against them adjourned due to the absence of a crucial State witness.
Judge Harvey Kenny discharged the jury yesterday on the trial's second day at Castlebar Circuit Court, sitting in Westport.
He said it would be unsafe to proceed, as the witness, who had been referred to publicly, was not present.
Mr John Jordan, for the Director of Public Prosecutions, said the witness had emigrated shortly after the event in June 1996.
The brothers, then aged 19 and 21, were charged with having committed the offences against the 25-year-old victim in a bedroom in their home.
Several family members were in the house on that date.
The woman is now under the care of the Western Health Board, where she is receiving psychiatric treatment.
Judge Kenny criticised the DPP for submitting the case for trial, given that the State witness, who was also in the bedroom where the alleged offences took place, was unavailable.
"The State does not consider the effect this might have on the victim and all parties involved."
The trial had already taken its toll on many people in the courtroom who had sat through the evidence over two days, he added.
He dismissed the application by Mr Francis Comerford, counsel for one of the defendants, to have his client acquitted of the charges and adjourned the matter generally until the State is ready to proceed.