Retrial ordered after judge caught napping

The High Court has ruled that there was a miscarriage of justice during the trial of two men accused of drug trafficking, because the presiding New South Wales district court judge was asleep during parts of the 17-day hearing.

Rafael Cesan and Ruben Mas Rivadavia from Sydney were convicted in June 2004 of conspiracy to import more than 640 grams of ecstasy into Australia.

In 2007 they appealed against their convictions and sentences. They argued that Judge Ian Dodd's snoring was disruptive during cross-examination and the jury were visibly distracted.

Medical evidence showed the judge was suffering from severe sleep apnoea during the trial.

The Court of Criminal Appeal dismissed the appeals, but in September the High Court ordered a retrial.

Today it published its reasons, ruling the judge had failed in his duty to supervise the trial and the jury had been prevented from paying full attention to the evidence because of his behaviour.

Judge critical of banks, as fraudster gets 16 yrs

A man who defrauded banks of $25 million and used the same name as an American rock star to obtain credit has been jailed for 16 years.

In four years, Romeo Pacifico stole millions of dollars from 16 financial institutions to help his concreting business, repay spiralling loans and live the high life.

Almost $9 million is still missing.

At one stage, Pacifico, 43, changed his name to Richie Sambora, like the rock guitarist from the US band Bon Jovi.

In court, his head was bowed as he was jailed today for 16 years.

Judge Wayne Chivell said it was outrageous that Sambora had offended while already on bail.

He criticised him for failing to show remorse.

Sambora will be eligible for release in 10 years.

The judge said the case showed that financial institutions were willing to lend money on relatively flimsy evidence and the world's financial markets were only now coming to terms with a decade of irresponsible lending.