A JUDGE has launched a stinging attack on the Crown Prosecution Service (CPS) after the trial of a leading Westcountry artist was stopped.

Judge Christopher Elwen accused the CPS of "serious failure" in bringing the case against internationally-renowned artist and photographer Graham Ovenden.

Mr Ovenden, 67, from Mount near Bodmin in North Cornwall, pleaded not guilty to 16 charges of making indecent images and one charge of possessing an indecent image of a child.

But following a three-and-a-half year investigation involving Metropolitan and Devon and Cornwall Police officers, the trial was stopped.

Announcing his judgement at Truro Crown Court yesterday, Judge Elwen criticised the CPS for failing to call as witnesses two police officers who conducted the search of Mr Ovenden's home. The defence team said the evidence of PCs Tapper and Lemon was crucial to the case.

Judge Elwen said: "Given the nature of the allegations the defendant faces, every scintilla of evidence in exploring the precise details of the search (of Mr Ovenden's home) are, it seems to me, vital to him. The absence of these officers causes serious risk of prejudice to the defendant."

The court heard how officers raided Mr Ovenden's gothic mansion in November 2006. The prosecution said officers found 16 separate images the artist had created, along with 121 other allegedly indecent images stored on files in his computer's memory.

But Mr Ovenden, whose work is featured in galleries in London and New York, said the images had been used to create his world-famous artwork, some of which included naked children.

The court heard how legal arguments between the two parties had delayed the case's progress since Mr Overden's first appearance before Truro Crown Court in October last year.

The wrangling caused the jury to be discharged at the first trial, with a new date set for April.

But the second trial was stopped this week after it was discovered the prosecution had failed to notify PCs Tapper and Lemon that they would be required to give evidence in court.

One had since retired from the force while the other was on a round-the-world trip. Both were unavailable as witnesses in court.

The officers were said to be involved in the original search of Mr Ovenden's home, something which the defence team wanted to explore further under cross-examination.

Mr Ovenden was yesterday permitted to sit in the public gallery while Judge Elwen delivered a strongly-worded criticism of the prosecution.

The Judge said: "The prosecution has failed in its duties of disclosure... to recall all searching officers whose witness statements have been served to give evidence.

"Some within the prosecution knew Messrs Tapper and Lemon had not been contacted and subsequently told the defence team of their unavailability.

"(This was) a serious failure on the part of the prosecution.

"In my judgement he (Mr Ovenden) cannot receive a fair trial and in those circumstances the indictment is stayed and the defendant discharged."

The Judge adjourned the hearing until this morning to allow the prosecution time to consider an appeal.