A JUDGE has admitted it was his fault an attempted robbery trial in Liverpool collapsed after a Muslim man swore an oath on the Bible instead of the Koran.

Takeaway manager Kerim Kurt had begun giving evidence about an alleged robbery attempt by 38-year old Michael Davies at the Victoria Kebab House in Bebington Road, Birkenhead, while armed with a hammer on August 20 last year.

The judge stopped the trial yesterday, Thursday, after the oath mix-up emerged and ordered a re-trial on the attempted robbery charge.

But today when the case came back to fix a new trial date the judge, Recorder Patrick Thompson read a prepared statement and said he should not have stopped the trial.

“I feel it is important to correct a false impression I may have given when I discharged the jury in this case.

“The complainant Kerim Kurt gave evidence before the jury after having taken an oath to tell the truth, which was sworn on the New Testament.

“During the course of cross examination it emerged that Mr Kurt was in fact a Muslim.

“Mr Kurt had been asked by the court staff, prior to giving evidence, whether he was content to take the oath on the New Testament, and he confirmed that he was.

“This was because Mr Kurt had declared that he respected all holy books and wanted to swear on the holy book of the country in which he was residing.”

 “I took the view that Mr Kurt should have sworn on the Koran as a Muslim, however, in hindsight, it is a personal matter for any witness as to how they wish to be sworn and shaving been given the option Mr Kurt chose to be sworn on the New Testament.

“Having given the matter further thought, I should have accepted the evidence given by Mr Kurt and allowed the case to proceed and would not wish any criticism to be reflected on either the staff or Mr Kurt.”

During the aborted trial, which opened yesterday, prosecutors said CCTV showed Davies enter the takeaway in Bebington Road at around 11.30pm on August 20 last year.

It was during cross-examination that it emerged that Mr Kurt is a Muslim.

Davies, of Church Road, Birkenhead, was remanded in custody until April 27 when his re-trial will begin.