The trial for a man accused of setting fire to his estranged partner's Monash home, while in the midst of a bitter custody battle over their daughter, has been abandoned.
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Todd Elphick, 28, pleaded not guilty to two arson offences in relation to the blaze, which caused $300,000 worth of damage to the Griffin Place house owned by Natasha Smith's parents.
A trial which began in the ACT Supreme Court last Monday had heard several days of evidence and the defence was yet to mount its case.
But Justice Hilary Penfold told the jury on Thursday morning they were excused.
She said she had been left with no choice but to abort the trial because of legal reasons.
''This time a matter has been raised that really cannot be resolved in an amount of time that will allow us to keep the trial going,'' Justice Penfold told the jury.
The trial had already been put on hold for several days from Thursday,June 26, because of issues with the evidence.
Jury members had heard evidence from Crown witnesses, including Ms Smith, her parents and siblings, police, and DNA and forensic experts.
The matter will be relisted at a later date.
