A mistrial was declared and drug charges dismissed yesterday against a former Honolulu police officer and his co-defendant after jurors reported that when court was not in session, they heard a police officer say he was going to serve a restraining order on the co-defendant.

Circuit Judge Steven Alm granted the mistrial and dismissal for Rogelio "Roger" Mata, 63, and Estela J. McGovern, 43. Their two-day trial, which began Wednesday, was halted once it was reported that the jurors heard the officer's remarks.

Jim Fulton, spokesman for the city prosecutor's office, said it is likely they will refile the charges.

Mata's lawyer, Deputy Public Defender Ronette Kawakami, and McGovern's defense attorney, William Domingo, said they will ask that any new charges be dismissed because they would violate their clients' rights against double jeopardy.

Mata was a police officer from 1971 until he was convicted in 1992 for conspiring to burglarize four Hawai'i Kai homes. He was also found guilty and sentenced to probation for possession of crystal methamphetamine, drug paraphernalia and a rifle recovered in a drug raid of his Kalihi home in 2004.

The mistrial was for two felony charges accusing Mata of possessing crystal meth and drug paraphernalia recovered by police at a Kalihi apartment last year. His defense was that he did not own those items.

He was held in lieu of $100,000 bail, but released after the dismissal of the charges.

"He was very grateful," Kawakami said. McGovern, who had been free on bail, was also pleased with the dismissal, Domingo said.