Court orders new trial for man released by juror's cough

A Canadian man mistakenly cleared of attempted murder when the jury foreman coughed as he read the verdict is to get a new trial.

The judge at the original trial thought the foreman said 'not guilty' and told Howard Burke he was free to go.

Burke was rearrested the same day after the jurors told a court officer they had intended to convict him.

The verdict was reversed five days later and the 42-year-old is currently serving a 12 year sentence.

The Toronto Star reports the Supreme Court has now ruled the mix up was enough to warrant a retrial.

Burke, of Toronto, was convicted of shooting a man five times in a car repair shop in 1996. His original trial took place in September 1997.

After mistakenly releasing Burke, trial judge Ted Minden recalled the jury and changed the verdict.

The Supreme Court ruled 5 votes to 4 that the "clumsy sequence of events" leading to Burke's conviction raised concerns over whether the final verdict was fair or tainted.

Burke's lawyer David Tanovich says his client is delighted with the ruling plans to apply for bail.