last updated: Thursday 6 November 2008, 09:30am

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Australian judge sentenced pair to zzzzzz!

An Australian court has ordered the retrial of two alleged drug traffickers because the judge in their court case repeatedly fell asleep.

The High Court said: 'Periods of sleep became longer as the trial went on. Members of the jury were visibly detracted and, at times, amused.'

Rafael Cesan and Ruben Mas Rivadavia were convicted in 2004 of importing ecstasy and jailed for over a decade each.

In their appeal, the judge in the original 17-day trial was described as sleeping at intervals of up to 20 minutes, with periodic snoring.

The court said: 'A substantial miscarriage of justice resulted.'

A fresh trial was ordered.

Medical evidence showed the judge had been suffering from severe obstructive sleep apnoea.

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