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Rex Martinich

Retrial for baby death accused doctor delayed by a year

A doctor charged over a homebirth-related death will have to wait another year for trial. (Darren England/AAP PHOTOS)

The trial of a doctor accused of a baby's negligent manslaughter during a home birth could be delayed by a year due to jury misconduct, a judge has heard.

Robyn Mary James, 67, had pleaded not guilty after Vicki Butler died the day she gave birth at her Ipswich home west of Brisbane.

A trial began on August 4, only to be declared a mistrial at the start of its second week, Justice Lincoln Crowley was told during a review of the case on Thursday in Brisbane Supreme Court.

"The jury was discharged on Monday after some members of the jury conducted their own investigations," James's barrister Craig Eberhardt KC said.

pregnant woman
Multiple jurors' internet searches caused a mistrial in the post-homebirth case. (Jane Dempster/AAP PHOTOS)

Jury members were repeatedly warned by Justice Elizabeth Watson not to use the internet or other means to research aspects of the case.

Justice Watson, like judges in any other case before a jury, made the order to allow a fair trial based on admissible evidence.

The earliest date for a retrial was in March but some witnesses might not be available until a period between June and August, Justice Crowley heard.

Crown prosecutor Greg Cummings said he preferred to have the trial before August 2027.

Ms Butler, 41, died as a result of a postpartum haemorrhage which she suffered between James' arrival at 5am and when the doctor called an ambulance at 6.42am on December 27, 2017, the first trial was told.

Robyn James
Robyn James is accused of being criminally negligent in her delay in seeking emergency assistance. (Darren England/AAP PHOTOS)

She was rushed to Ipswich General Hospital, where doctors spent all day trying to revive her, transfusing 23 units of blood before she was pronounced dead at 6.15pm.

The child survived.

The prosecution alleged at the trial James was criminally negligent in her delay in seeking emergency assistance for Ms Butler.

Justice Crowley on Thursday set a June 7 provisional start date for James to face a retrial lasting two weeks.

The matter is now due to return to court on September 17 for a pre-trial review.

"At that point the court calendar would be finalised and I can confirm the listing one way or the other," Justice Crowley said.

James was not required to attend court and her bail was continued.

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