The conduct of a trial judge who jailed the parents of a teenage ballerina they were accused of starving has been described as unfair and amounted to a “miscarriage of justice.”

The parents will face a retrial next year after a Court of Appeal found Judge Linda Black’s refusal to allow the trial to be adjourned for two days when the mother was sick was unfair.

The Perth parents were each charged with two counts of engaging in conduct that caused their child to suffer.

They were eventually forced to take their homeschooled girl to medical treatment after repeatedly providing authorities with excuses for her frail appearance.

Authorities were told by the couple their daughter was born premature, was two years younger than her actual age and had a vegan diet.

Doctors determined the 15-year old girl weighed the same as a nine-year old child, was severely malnourished and socially underdeveloped.

The parent’s appealed their convictions on the ground there was a miscarriage of justice as a result of the conduct of the trial judge and that the trial was unfair. They were granted bail in April.

The Court of Appeal stated in its judgment that the mother became unwell in the second week of the trial and was refused an adjournment despite having a doctor’s certificate deeming her unfit to attend court for two days.

“Not only did the learned trial judge refuse an adjournment application (which the State did not oppose), her Honour ordered that the trial continue in (her) physical absence,” the Judgement read.

The mother was required to remain in another room, where she could not see or hear evidence remotely, could not be seen by anyone other than the trial judge and could not be heard within the courtroom.

The court found her right to be present throughout the trial was not justified by any lawful exception and gave rise to a miscarriage of justice.

The court also found the judge intervened or interrupted evidence from the parents and was in stark contrast to any interventions in evidence from the prosecution witnesses.