LIHUE — Kauai County Deputy Prosecutor Lisa Arin says she plans to refile 32 counts of incest against a 63-year-old Kapaa man.

Circuit Judge Kathleen Watanabe on Wednesday dismissed the counts faced by Kenneth Bray without prejudice, meaning they can be refiled.

Defense attorney Craig De Costa accused County Prosecutor Shaylene Iseri-Carvalho of prosecutorial misconduct by telling the grand jury that indicted Bray that the counts were for the same charge, incest.

De Costa argued the instruction effectively denied Bray due process, because each count against him must be considered separately. Watanabe agreed.

The judge on Wednesday also let stand 34 counts of sexual assault against Bray.