19 May 2005
THE DAIRY FARM CO LTD v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE
- Citation
- THE DAIRY FARM CO LTD v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE
- Court
- Court of Appeal
- Case number
- CACV283/2004
The Court of Appeal concluded the prosecution deliberately presented a distorted, partial case by withholding and failing to disclose material and thus broke faith with the court; because the prosecution's case depended solely on inference from absence of chops/stamps and could not be proved beyond reasonable doubt on the available evidence, continuation would constitute an abuse of process and a permanent stay was required; the magistrate's refusal without adequate reasons was quashed and the stay ordered.