A Dutch national was on his way home last night after the Director of Public Prosecutions decided not to continue with his second retrial.

Eddy Franklyn Filiciana, 45, was given the chance in November for another retrial case before a different Supreme Court judge after the Court of Appeals ruled that Assistant Justice Archibald Warner caused a “miscarriage of justice” due to “errors, rulings, remarks and comments” made during his retrial. A second retrial was set for yesterday.

Filiciana was convicted in January for possession of 814.6 grams of cocaine with the intent to supply the drug that was found in his stomach. He was arrested December 2001 as he tried to enter Bermuda from the Netherlands.

In the first trial in August 2002, the jury could not decide on a verdict. Yesterday, Chief Justice Austin Ward allowed the DPP to not go ahead with the retrial but only after he was assured by Senior Crown counsel Vinette Graham-Allen that he would be escorted to the airport and put on his British Airway's flight by the Bermuda Police.