Opinion of the Court by
Justice SCOTT.
The Appellant, Jimmie R. Radford, appeals as a matter of right, CR 76.36(7)(a), from an order of the Court of Appeals denying his petition for writ of prohibition to prevent his retrial on charges of one (1) count of forgery in the second degree in violation, of KRS 516.030 and three (3) counts of theft by failure to make required [75]*75disposition of property over three hundred dollars in violation of KRS 514.070. The Appellant argues that the trial court erroneously declared a mistrial -without the “manifest necessity” necessary to do so, subjecting him to retrial after jeopardy had already attached, thus violating his constitutional right not be tried twice for the same offense under the Fifth Amendment of the Constitution of the United States and Section Thirteen of the Kentucky Constitution.
Based upon the evidence of record, we agree and grant the writ barring the retrial.
I. Facts and procedural background
The Appellant was indicted in the Cumberland Circuit Court on December 19, 2002.1 The jury trial began on July 26, 2004. On the second day, after the jury had been empanelled and the Commonwealth had called several witnesses, the Commonwealth approached the bench and notified the court that the Appellant’s sister-in-law, Sherry Radford (Radford), had spoken with three of their forthcoming witnesses sometime before the trial date. The witnesses were Ms. Burchett, Ms. Morrison, and Ms. Rush. All were witnesses whose initials were contained on certain documents the Commonwealth alleged were forged. Apparently, they had told the Commonwealth about the calls. The trial court then took sworn testimony from the witnesses in chambers.
Burchett had worked for the Cumberland County Middle School for approximately four years as an instruction assistant and was one of the teachers that took up tickets during events. Radford also worked for the school. Burchett told the court that before she was interviewed by law enforcement officers, and before she even knew she would be a witness, or subpoenaed to testify by the Commonwealth, Radford had called her on the phone. During the conversation, Radford told her that the Appellant asked her to call and tell her that the “other side” would be contacting her. Radford also told her that all she needed to do, if they called, was answer yes or no to the questions they asked — she did not have to elaborate.2 She testified that Radford did not ask her to lie to the Commonwealth, nor was she threatened or intimidated by Rad-ford. She also testified that Radford did not ask her not to come to court or anything of that nature.
Morrison had worked at Cumberland County Middle School as a seventh grade language arts teacher for fourteen years. She had known Radford for a number of years. Morrison received a call from Rad-ford about two weeks prior to trial. She stated that Radford called her on behalf of the Appellant to tell her that if the Commonwealth’s Attorney’s office called, she did not have to answer more than a simple yes or no to any questions asked of her. Radford also told her that anything that she said could be used against the Appel[76]*76lant in court. However, she was not asked to be absent from court or anything of that nature. Morrison told the court that the conversation was friendly, there were no threatening or intimidating comments, and Radford did not ask her to make up anything or to lie for the Appellant.3 She said that she has had no contact with Radford since that phone conversation.
The last witness, Rush, was a cook at the Cumberland County High School. At the time of trial, she had worked for the school for eight years and had also participated in taking up tickets at events held at the school. Rush and Radford were friends and had worked together for seven years. She stated that about two weeks before trial, and before she was subpoenaed, Radford called her, per the request of the Appellant, to tell her she was going to be subpoenaed and, since Rush worked two jobs, she might need to ask off work to be available for trial. Radford also told her if she did not want to talk to the “other side” over the phone, she did not have to. Rush said the conversation was friendly, and that she was not asked to lie or to try to get out of testifying for the Commonwealth. She stated that there were no threats or encouragements to lie or not show up for court, just that she would be contacted and that she did not have to talk to them over the phone.4
The judge spoke to Radford last. Without being sworn in, but after being read her Miranda rights, Radford answered questions from the court. First, she denied she had contacted any of the witnesses. Then, she admitted to calling Morrison and Rush and telling them that they may be summoned to court, but denied talking about any specific questions or answers involving the case.5
According to the record, following the hearing, the judge took the bench and declared a mistrial on his own motion. Moreover, the briefs disclose that Radford has never been charged with any crime of obstruction of justice relating to her conduct in this case.
As to the declaration of a mistrial, the record does not disclose that the trial court mentioned in chambers that it was going to declare a ‘mistrial. According to the record, the first mention by the trial court [77]*77of a mistrial was from the bench when the trial court dismissed the jury. Therefore, there is no argument that the Appellant consented to the mistrial because the record does not provide any evidence that a mistrial was even discussed, or moved for by the Commonwealth, before the trial court dismissed the jury. Were it otherwise, one would expect such to be disclosed to the court in the briefs, or by supplementation of the record; it was not. Therefore, the Appellant’s first chance to make an objection on the record was when the trial court had already disclosed the substance of the testimony heard in chambers, and concluded that “based upon this allegation that we heard in chambers, I am going to declare a mistrial.” By this time, the prejudicial effects on the Appellant outweighed any need to make an objection to the point that the trial should continue.
Furthermore, RCr 9.22 states that if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice that party. This rule is almost identical to Federal Rule of Criminal Procedure 51(b), which provides, in part, that if a party does not have an opportunity to object to a ruling or order, the absence of an objection does not later prejudice that party. Therefore, when “the very first time there was mention of [a mistrial was] when the court [declared a mistrial,] [i]t was clear ... that the time for argument was over [and the Appellant] simply could not [have] waive[d][his] opportunity to object when [he] was never given such an opportunity.” United States v. Breeding, 109 F.3d 308, 310 (6th Cir.1997)(citing United States v. Hickey, 917 F.2d 901, 906 (6th Cir.1990)). In regards to an appropriate opportunity, one would not seriously argue for the right to have his client tried in front of the same jury that had listened to the trial court’s comments on this matter.
On November 7, 2005, the Appellant filed a petition for writ of prohibition with the Court of Appeals, alleging the trial court lacked the “manifest necessity” necessary to declare a mistrial, and thus, his retrial would violate his constitutional rights of double jeopardy. On November 28, 2005, the Court of Appeals denied the writ.
In its opinion, the Court of Appeals held that the Appellant did not demonstrate that the trial court abused its discretion in granting a mistrial. Furthermore, without citations, it held that Radford’s contact and conversations with the witnesses were inappropriate, thus validating the mistrial.
II. Writ of Prohibition
“A writ of prohibition is an ‘extraordinary remedy and we have always been cautious and conservative both in entertaining petitions for and in granting such relief.’ ” Grange Mutual Insurance Co. v. Trude, 151 S.W.3d 803, 808 (Ky.2004)(citing Bender v. Eaton, 343 S.W.2d 799 (Ky.1961)). Writs are generally divided into two classes and are distinguished by “ ‘whether the inferior court allegedly is (1) acting without jurisdiction (which includes “beyond its jurisdiction”), or (2) acting erroneously within its jurisdiction.’ ” Id. The second class applies to the case at hand because it is argued the trial court is about to act erroneously in allowing a retrial of the appellant.
“In the second class of cases relief ordinarily has not been granted unless the petitioner established, as conditions precedent, that he (a) had no adequate remedy by appeal or otherwise, and (b) would suffer great and irreparable injury.” Bender v. Eaton, 343 S.W.2d 799, 801 (Ky.1961). “As a general rule, if he has an adequate remedy by appeal or otherwise, or will not suffer great and irreparable injury, the petition should be dismissed [78]*78forthwith.” Id. There is a third hybrid class, which is not pertinent here. See Independent Order of Foresters v. Chauvin, 175 S.W.3d 610, 615-6 (Ky.2005).
The Supreme Court is given very broad supervisory control of lower courts by Section 110 of the Kentucky Constitution. However, its authority is limited by our judicial discretion, and we must evaluate each case based upon its own merits. Bender; 343 S.W.2d at 800 (citing Renshaw v. Cook, 129 Ky. 347, 111 S.W. 377 (Ky.1908); Rush v. Denhardt, 138 Ky. 238, 127 S.W. 785 (Ky.1910); Ohio River Contract Co. v. Gordon, 170 Ky. 412, 186 S.W. 178 (Ky.1916); Harrod v. Meigs, 340 S.W.2d 601 (Ky.1960)).
A.Review of writs
We must review this matter under an appellate standard because it has come before us as a matter of right appeal and not an original action. Grange, 151 S.W.3d at 809. “[T]he proper standard” of review “actually depends on the class, or category, of writ case.” Id. at 810.
“[Writs] are truly extraordinary in nature and are reserved exclusively for those situations where litigants will be subjected to substantial injustice if they are required to proceed.” Foresters, 175 S.W.3d at 615-6 (Ky.2005); Grange, 151 S.W.3d at 810. The bar is set high, requiring “conditions precedent,” before an “appellate court can even reach the question of whether the lower court has committed error.” Id. Where “the lower court is acting within its jurisdiction, but in error, the court with which the petition for a writ is filed only reaches the decision as to issuance of the writ once it finds the existence of the ‘conditions precedent,’ i.e., no adequate remedy on appeal, and great and irreparable harm.” Grange, 151 S.W.3d at 810. “ ‘If [these] procedural prerequisites for a writ are satisfied, whether to grant or deny a petition for a writ is within the .:. court’s discretion. ’” Id. (citations omitted).
B.Pre-requisite A: No adequate remedy by appeal or otherwise
Cases involving the second class of writs have required the petitioner to pass the first test, showing he/she has no adequate remedy by appeal or otherwise. Bender, 343 S.W.2d at 801. “Lack of an adequate remedy by appeal is an absolute prerequisite to the issuance of a writ under this second category.” Foresters, 175 S.W.3d at 615 (citing Bender, 343 S.W.2d at 801). Notably, “the right to appeal does not necessarily indicate an adequate remedy.” Chamblee v. Rose, 249 S.W.2d 775, 777 (Ky.1952). “In determining the adequacy of another remedy it may be necessary to examine the injurious consequences.” Bender, 343 S.W.2d at 801.
Here, we have a unique scenario where a mistrial was declared, and the denial of a writ, if not well grounded, could violate the Appellant’s Constitutional right against double jeopardy. “Since a mistrial, by definition, does not dispose of the merits of a case or necessarily preclude future litigation, the appellant did not have an adequate remedy by appeal from the mistrial order.” Macklin v. Ryan, 672 S.W.2d 60, 61 (Ky.1984). Therefore, if the mistrial was in error, the appellant here has no adequate remedy, by appeal or otherwise, and would successfully meet the first test.
C.Pre-requisite B: Great and irreparable injury (great injustice)
With respect to test B, it is necessary that great and irreparable injury will be suffered by the petitioner. Bender, 343 S.W.2d at 802. The injury should be of a ruinous or grievous nature, or resulting in [79]*79a substantial miscarriage of justice. Id. The analysis of the second part of the test for relief by prohibition, a showing of “great injustice,” must therefore, also focus upon the merits of the double jeopardy issue. Macklin, 672 S.W.2d at 61.
III. Double jeopardy
Section Thirteen of the Kentucky Constitution provides that “[n]o person shall, for the same offense, be twice put in jeopardy of his life or limb.” It is identical to the double jeopardy clause of the Fifth Amendment of the United States Constitution. “Once jeopardy attaches, prosecution of a defendant before a jury other than the original jury, or contemporaneously-impaneled alternates, is barred unless 1) there is a ‘manifest necessity’ for a mistrial or 2) the defendant either requests or consents to a mistrial.” Commonwealth v. Ray, 982 S.W.2d 671, 673 (Ky.App.1998) (citing KRS 505.030(4); Leibson v. Taylor, 721 S.W.2d 690, 693 (Ky.1986); United States v. Dinitz, 424 U.S. 600, 606-07, 96 S.Ct. 1075, 1079, 47 L.Ed.2d 267 (1976)).
The Fifth Amendment of the Constitution of the United States and Section 13 of the Constitution of Kentucky guarantee that no person shall be tried twice for the same offense. However, the principle of double jeopardy does not prevent re-trial if the proceedings are terminated because “[t]he trial court, in exercise of its discretion finds that the termination is manifestly necessary.” As stated, a finding of manifest necessity is a matter left to the sound discretion of the trial court. Thus, a trial court’s grant of a mistrial will be overturned only if it is clearly erroneous or constitutes an abuse of discretion.
Commonwealth v. Scott, 12 S.W.3d 682, 684 (Ky.2000)(footnotes omitted)(emphasis added). For purposes of double jeopardy here, the point at which jeopardy attaches is the swearing of the first witness. KRS 505.030(4).
1. Manifest necessity
“Although a trial court is vested with discretion in granting a mistrial, the power to grant a mistrial ought to be used sparingly and only with the utmost caution, under urgent circumstances, and for very plain and obvious causes.” Scott, 12 S.W.3d at 685 (citing Glover v. McMackin, 950 F.2d 1236, 1240 (6th Cir.1991)(quoting United States v. Perez, 22 U.S. (9 Wheat.) 579, 6 L.Ed. 165 (1824))). Thus, the trial judge, in making a mistrial decision, must use “sound discretion” in declaring a mistrial because a constitutionally protected interest is inevitably affected. Grimes v. McAnulty, 957 S.W.2d 223, 225 (Ky.1997).6
“Manifest necessity has been described as an ‘urgent or real necessity.’ ” Scott, 12 S.W.3d at 684 (citing Miller v. Commonwealth, 925 S.W.2d 449, 453 (Ky.1996)). Thus, “[t]he propriety of granting a mistrial is determined on a case by case basis.” Id. “In some cases the declaration of a mistrial by a presiding judge when there was no manifest necessity to do so will prevent retrial.” Nichols v. Commonwealth, 657 S.W.2d 932, 933 (Ky.1983)(citing United States v. Perez, 22 U.S. (9 Wheat.) 579, 6 L.Ed. 165 (1824); Downum v. United States, 372 U.S. 734, 83 S.Ct. 1033, 10 L.Ed.2d 100 (1963)). The dissent [80]*80asserts that “[t]he question before us is not whether there is manifest injustice, but whether the trial court abused its discretion in declaring a mistrial.” Yet, when determining whether a trial court’s decision to declare a mistrial was “unsupported by sound legal principles,” i.e., an abuse of its discretion, Woodard v. Commonwealth, 147 S.W.3d 63, 67 (Ky.2004), it is necessary to examine whether there was manifest necessity to do so, since a mistrial — where no manifest necessity exists— triggers a person’s constitutional protection against double jeopardy. And this was the question presented.
2. Examples of manifest necessity
“The most common example of ‘manifest necessity’ to grant a mistrial is when a jury is deadlocked and unable to reach a verdict.” Grimes, 957 S.W.2d at 224. See Skaggs v. Commonwealth, 694 S.W.2d 672 (Ky.1985), cert. denied, 476 U.S. 1130, 106 S.Ct. 1998, 90 L.Ed.2d 678 (1986); Nichols, supra; Commonwealth v. Crooks, 655 S.W.2d 475 (Ky.1983). Manifest necessity has also been found when either party introduces improper evidence, or acts in a manner, which prejudices the other’s right to a fair trial. Cf. Grimes, 957 S.W.2d 223, 225 (Ky.1997); Chapman v. Richardson, 740 S.W.2d 929 (Ky.1987); Stacy v. Manis, 709 S.W.2d 433 (Ky.1986). It is a party’s right to a fair trial, which both guides and constrains us in its use.
3. Right to a fair trial
When deciding whether there is manifest necessity to declare a mistrial, we must look to see if either parties’ right to a fair trial has been infringed upon. Cf. Wheeler v. Commonwealth, 121 S.W.3d 173 (Ky.2003). And, the court must always assess if the parties’ “interest in seeing the first trial through to a verdict [is] outweighed by ‘competing and equally legitimate demand for [protection of the parties’ rights and] public justice.’ ” Commonwealth v. Scott, 12 S.W.3d 682, 685 (Ky.2000) (citations omitted). And most critically, the decision should be based on whether the complained of “event ... prevented the [party] from receiving a fundamentally fair trial.” Id. at 685.
Here, we are faced with incidents that occurred prior to the witnesses being interviewed, or subpoenaed, by the Commonwealth, all of which were brought to the court’s attention during the trial and after jeopardy had attached to the Appellant.
In regard to witnesses, Kentucky has several statutes that relate to interference with the administration of justice. KRS Chapter 524 provides the elements for activities that would interfere with judicial administration. KRS 524.020, bribing a witness, states that there must be a benefit conferred upon the witness to influence his/her testimony. There is no evidence from the witnesses that they were offered any benefit from Radford, or the Appellant, to testify in a certain manner. KRS 524.040, intimidating a witness, states that there must be use of physical force or threat directed at the witness. The witnesses specifically testified that they were not threatened or intimidated by Radford. KRS 524.045, harassing a witness, states that the person must engage in conduct that hinders the witness from testifying. Again, the witnesses testified that Radford did not ask them to lie or not show up for court. In fact, the witnesses showed up for court and were ready to testify. KRS 524.055, retaliating against a witness, states that a person must engage, or threaten to engage, in bodily injury to the witness or cause, or threaten to cause, damage to tangible property of the witness. There is no evidence or testimony from the witnesses that this occurred.
In fact, we have never answered the question of whether it is an interference [81]*81with the administration of justice for one party to contact potential witnesses before trial and tell them they have a right to answer yes or no to questions asked on the telephone, without elaborating, or that if they chose to do so, they do not have to talk on the telephone to the “other side,” (at least until they are compelled to do so), where no evidence is offered of intimidation, bribery, or threats to the witnesses.
Other jurisdictions have, however, addressed the question and have held that unless the contact with the witness was an attempt to influence the witness not to cooperate, or to lie, or fabricate their testimonies, it is not an obstruction of justice and, therefore, it is not a valid reason for a new trial — or as here — a mistrial. E.g. United States v. Robinson, 390 F.3d 853 (6th Cir.2004); United States v. Black, 767 F.2d 1334, 1337 (9th Cir.1985); Kines v. Butterworth, 669 F.2d 6 (1st Cir.1981); United States v. Rich, 580 F.2d 929 (9th Cir.1978); People v. Fuller, 117 Ill.App.3d 1026, 73 Ill.Dec. 474, 454 N.E.2d 334, 340 (1983); State v. Mussehl, 408 N.W.2d 844 (Minn.1987); State v. Wilson, 311 N.C. 117, 316 S.E.2d 46, 52 (1984).
In Mussehl, the prosecutor sent letters to twelve witnesses stating that it was entirely up to the witness whether or not they wanted to talk to the defense. The letter told the witnesses that they could tell the defense they did not want to talk to them.7 Specifically, the prosecutor stated, “[although] I cannot ethically advise you not to cooperate with [the other side] ... [a] defense attorney in a criminal case is ethically obligated to do everything within his power to defend the person charged with the crime ... trying to get his client acquitted ... bear [this] in mind when you are making your decision as to whether or not you wish to talk with someone from the defense.” Mussehl, 408 N.W.2d at 845. The court therein recognized that there is no legal obligation for a witness to submit to an interview as long as the contact with the witness does not discourage them from submitting themselves to an interview by opposing counsel. The court also held that the defendant had failed to show that the prosecution’s letters had “prejudicially impeded his investigation of the ease.” Id. at 847.
In Wilson, the district attorney contacted the witnesses and told them they did not have to speak with the defense attorney unless they wanted to do so. The court noted that one of the witnesses did confer with the defense counsel, while the other was available to the defense counsel, upon permission from the district attorney, since he was in jail.8 The court here held there was insufficient evidence to establish an obstruction of access to either witness because there was no evidence that the district attorney instructed the witnesses to be uncooperative with the defense. Wilson, 316 S.E.2d at 52.
Finally, in Fuller, the prosecution told witnesses that they could answer questions, or refuse to be interviewed, by defense counsel. Fuller, 73 Ill.Dec. 474, 454 N.E.2d at 340. The court noted that some of the witnesses agreed to speak with the defense counsel, but that others refused, or insisted upon being interviewed only at the offices of the State’s Attorney. In Fuller, the court held there was no inter[82]*82ference with the defense counsel’s investigation of the case, and, therefore, no error.
In State v. Ben, 310 Or. 309, 798 P.2d 650, 654 (1990), the Oregon Supreme Court held it was a violation of the discovery rules to instruct witnesses not to speak to the prosecutor, unless defense counsel was present. The court held that because the activity directly contravened “a policy favorable to access to witnesses and evidence,” it was improper. Id. Also, in Gregory v. United States, 369 F.2d 185, 189 (D.C.Cir.1966), the court held the same behavior frustrated the opportunity for an interview and denied the party a fair trial.9
In this case, there is no evidence that the Commonwealth’s investigation was compromised by Radford’s contact with the three witnesses. Nor is there evidence the witnesses failed to cooperate with the Commonwealth. They were present to testify. One was “on call” by the Commonwealth because she had a young baby. Furthermore, the Commonwealth did not argue that their access to the witnesses, or that their preparation and presentation of the case, was hindered because the witnesses were uncooperative. Moreover, the Appellant, through his sister-in-law, did not tell the witnesses not to talk to the Commonwealth unless she, the Appellant, or his counsel was present. Nor is there any evidence that her contact with the witnesses frustrated the Commonwealth’s opportunity to interview the witnesses or that it denied the Commonwealth a fair trial. It is noteworthy that the Commonwealth has a large arsenal when it comes to compelling testimony.
4. Witness’s right
It is important for us to remember that “both sides have the right to interview witnesses before trial.” United States v. Black, 767 F.2d 1334, 1337 (9th Cir.1985); see United States v. Cook, 608 F.2d 1175, 1180 (9th Cir.1979), cert. denied, 444 U.S. 1034, 100 S.Ct. 706, 62 L.Ed.2d 670 (1980). Yet, many courts have rightfully acknowledged that a witness also has the right to refuse to be interviewed by either the defense or the prosecution, e.g. United States v. Black, 767 F.2d 1334, 1337 (9th Cir.1985); United States v. Rich, 580 F.2d 929 (9th Cir.1978); State v. Singleton, 853 S.W.2d 490, 492 (Tenn.1993); Dover v. State, 250 Ga. 209, 296 S.E.2d 710, 712-3 (1982)). E.g. Hill v. State, 366 So.2d 296, 312 (Ala.Cr.App.1978); Commonwealth v. Balliro, 349 Mass. 505, 209 N.E.2d 308 (1965).
Thus, we are presented with the question, did the contact and conduct described here wrongfully interfere in any way with the Commonwealth’s right to investigate and prepare its case. A related question is whether the witnesses were given inaccurate information or guidelines relating to their obligations to speak with a party over the telephone. Is it interference with another party’s investigatory rights to tell a potential witness that if called on the telephone, he or she can answer the questions asked with yes or no answers, without elaborating, as long as a “yes or no” answer is appropriate to the question? Admittedly, one can abuse, or obstruct, an inquiry with an inappropriate curt response, such as yes or no. But, there is no evidence that this occurred here. Each witness acknowledged she was not “coached to he or fabricate testimony.” Moreover, is it an obstruction of justice to tell witnesses they do not have to answer questions over the telephone, if they choose not to, as long as no attempt is made to control the witness’s decision-[83]*83making in regard to how the witnesses "will decide to respond? 10 After long reflection, we think not.
5. Applicability to this case
Here, there is simply no evidence in the record that establishes any injury to the Commonwealth’s right to prepare, investigate, and present its case. The subpoenaed witnesses were present at trial to testify and answered the questions asked in chambers. There is no evidence that Radford influenced, or tried to influence, them to lie to the Commonwealth, or to the court, during their interviews or when called to testify. In fact, when the conversations took place, the witnesses had not yet been subpoenaed or contacted by the Commonwealth. In contrast, Radford told them that what they said may be used against the Appellant, that they did not have to elaborate, that they could answer the questions with yes or no answers, and that they had the right not to talk to them at all on the phone, if they so chose. The conversations were not threatening or intimidating and did not encourage them to he or answer particular questions in a certain way. The witnesses were friends with Radford and had worked with her for years. More importantly, Radford did not tell the witnesses not to talk to the other side, and did not encourage them to absent themselves from court.
The evidence in this case simply does not support a showing of manifest necessity. The evidence is in line with the case law of other jurisdictions in which the courts have held that unless the contact with the witness wrongfully threatens or prejudices the other side’s ability of discovery, preparation, or presentation, there is no violation. Here, the Commonwealth did not establish, or argue to the trial court, that it was denied the right to a fair trial, or that its ability to develop or present its case was infringed upon due to the telephone calls Radford made to the witnesses. The Commonwealth made no motion for a mistrial. To tell a witness he can answer yes or no to questions asked of him over the phone if he chooses (as long as such an answer is appropriate to the question), or that he or she does not have to discuss a matter over the phone, if he or she chooses, is a correct statement of a witness’s rights — thus, it should not be wrong to tell a person such. Thus, in conclusion, the trial court erroneously declared a mistrial absent “manifest necessity” to do so, and therefore, jeopardy having attached, the retrial of the defendant would violate his constitutional right to be free of double jeopardy.
Our present decision should not be interpreted as approving any ... conduct that has the purpose or effect of discouraging witnesses from cooperating with the [Commonwealth or the accused]. Although the circumstances of this case cannot support a charge of denial of access to witnesses, we recognize that abuses can easily result when officials elect to inform potential witnesses of their right not to speak with [others]. An accused and his counsel have rights of access to potential witnesses that are no less than the accessibility to the potential prosecutors and their investigatory agents. It is imperative [however, that all parties and their agents] maintain a posture of strict neutrality when advising witnesses of their duties and rights. Their role as public servants and as protectors of the integrity of the judicial process permits nothing less.
United States v. Rich, 580 F.2d 929, 934 (9th Cir.1978).
[84]*84CONCLUSION
Therefore, the ruling of the Court of Appeals is reversed and this case is remanded to the Court of Appeals with directions to issue the writ of prohibition consistent with this opinion, barring the retrial of the defendant, Jimmie R. Rad-ford, by the Cumberland Circuit Court, on the on grounds of double jeopardy.
LAMBERT, C.J., COOPER and GRAVES, JJ., concur.
ROACH, J., dissents by separate opinion, with JOHNSTONE and WINTERSHEIMER, JJ., joining that dissent.