Court trial of taxi driver Alfred Nisbitt -- accused of reckless and dangerous driving causing death -- came to a grinding halt when a "material irregularity'' forced Acting Chief Justice Norma Wade to declare a mistrial.

"To my consternation I learned that a document (not entered in evidence) came into your possession, which constitutes a material irregularity,'' Mrs.

Justice Wade told a ten-woman, two-man jury who were called back to court after more than two and a half hours of deliberations.

"The process has now become contaminated and I have no choice now but to order a retrial,'' she added before dismissing the panel.

The surprise turn of events came after Mrs. Justice Wade spent the entire morning reviewing the evidence and instructing jurors on the law.

Nisbitt faced one charge of reckless, and one charge of dangerous driving causing the death of 30-year-old Antonio DeFrias.

The 46-year-old cabbie has pleaded guilty to driving with more than twice the legal limit of alcohol in his system on the morning of May 20, 1995, when he collided with Mr. DeFrias on North Shore Road near Shelly Bay Park.

It is understood the panel was ready to hand down its verdict when news that a document, an internal Police memo outlining the case, was found among the exhibits brought into the jury room.

News of the discovery led to a recall of the court at 2.30 p.m. and within minutes Mrs. Justice Wade agreed to a request for a brief recess by defence counsel Julian Hall, so he and Crown counsel Charlene Scott could discuss the implications of breach.

"I am of the view that a major dilemma confronts us all,'' Mr. Hall said when the court reconvened about 15 minutes later.

"There is no question that this (document) constitutes a material irregularity and I am of the view that this trial has been rendered null. I wish it were otherwise.'' "Well, there it is,'' replied Mrs. Justice Wade. "We have all these irregularities and have wasted the court's time and the people's money.

Everything's wasted.'' Mrs. Justice Wade apologised to the jury and the defendant, saying: "Court administration has to take responsibility for the document. It should not have gone in and I apologise for it.'' She ordered Nisbitt to remain on bail and appear on September 2 for arraignment.

Judge declares mistrial after evidence is tainted "It looks like a dress rehearsal,'' Ms Scott said following the decision, and she credited the defence for its cooperation throughout the proceedings.

In the course of the trial it emerged Nisbitt had consumed over ten drinks that night and into the morning, and had been operating the cab on about one hour of sleep.

One eyewitness and a Police traffic accident reconstruction expert contended that Nisbitt, while travelling west and rounding a sharp curve in the road, wandered across the dividing line and into DeFrias, who was westbound at the time.

Further testimony indicated Nisbitt had failed two breathalyser tests barely one hour after the accident, blowing readings over two-times the legal limit of 80 milligrams of alcohol for 100 millitres of blood.

The defence argued the two eyewitnesses called by the Crown did not clearly observe Nisbitt's position in the seconds leading up to the accident, and put forth the argument that DeFrias himself may have wandered too close, or over the yellow line.