26 May 2009
CLIVE ALLAN PETRIE V DISTRICT COURT AT NELSON AND ANOR HC NEL CIV 2009-442-46
- Citation
- openlaw-ef00759e_2138_43f8_942d_2722f80dd20e.pdf
- Court
- High Court
The High Court upheld the District Court's refusal to stay: extreme delay alone does not mandate a presumption of irrebuttable prejudice; the proper approach is to examine all circumstances including specificity and mutual support of complainants' accounts and the strength of the Crown case; on the facts a fair trial remained possible and there was no substantial error or abuse of process in refusing the stay.