by Julia Roberts

An alleged sex abuse case said to be one of the oldest to come before the courts has been thrown out.

Judge Philip Statman ruled that 81-year-old Erik Cole could not be guaranteed a fair trial because of the "passage of time" since the offences were alleged to have occurred.

He ordered that legal proceedings be "stayed" after a jury heard two weeks of evidence.

The ruling at Maidstone Crown Court halts the further legal process of a trial.

A stay of proceedings can be subsequently lifted but is often used to postpone a case indefinitely.

Prosecutor Michael Riley said it was "unlikely" the matter would proceed further.

Mr Cole, of Durling Court, Rainham, was accused of sex abuse dating back 51 years.

He was alleged to have raped two girls and committed other sex acts while he was living in Rainham and Hartlip.

He was accused of sexually assaulting girls while collecting wood at Queensdown Warren near his former Hartlip home.

One victim claimed she was molested while Mr Cole was making delivery rounds in his van for a local nursery.

He denied 17 offences of indecent assault and five of rape. He was formally cleared of two of the rape charges on the judge's direction.

Judge Statman told the jury substantial delays in cases such as historic sex abuse reaching court had consequences which impacted upon the fairness of trial procedures.

He said some witnesses Mr Cole may have relied upon to give evidence on his behalf were now deceased and documents were lost.

Most significant, was the fact work records which the former road construction worker claimed would prove he could not have been in the area when abuse happened were no longer available.

Judge Statman also said that some of the victims' evidence had been inconsistent.

But he added that his decision did not mean that neither they nor Mr Cole should not be believed.

"Memories can change with the passage of time," he added. "How easy is it for any of us to remember what we were doing last year, let alone 51 years ago?"