RM, R v [2009] NICC 31 (27 April 2009)

RM, R v [2009] NICC 31 (27 April 2009)

The absence of the witness J is more likely to weaken the prosecution case than to cause unfairness to the defendant. The defence has not established, on the balance of probabilities, that the absence of J will render the trial unfair. The exceptional power to require a witness to attend is not warranted in these circumstances, and there are no grounds to stay the prosecution as an abuse of process.

Citation
[2009] NICC 31
Parties
Prosecution: The Queen; Defendant: R M
Jurisdiction
Northern Ireland
Judgment Date
27 April 2009
Procedural Posture
Criminal / Pre Trial Application for Stay of Prosecution on Grounds of Abuse of Process
Outcome
Application dismissed
Legal Topics
Abuse of Process, Stay of Proceedings, Witness Attendance, Fair Trial Rights, Judicial Discretion
Criminal Law Procedure Abuse of Process Stay of Proceedings Witness Attendance Fair Trial Rights Judicial Discretion

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Parties

The Queen

Prosecution

R M

Defendant

Procedural Posture

Criminal / Pre Trial Application for Stay of Prosecution on Grounds of Abuse of Process

Legal Issues

  1. 1 Whether the court should exercise its power to require a material witness (J) to attend and testify
  2. 2 Whether the absence of the witness J renders the trial unfair and constitutes an abuse of process warranting a stay

Ratio Decidendi

The absence of the witness J is more likely to weaken the prosecution case than to cause unfairness to the defendant. The defence has not established, on the balance of probabilities, that the absence of J will render the trial unfair. The exceptional power to require a witness to attend is not warranted in these circumstances, and there are no grounds to stay the prosecution as an abuse of process.

Court Disposition

Application dismissed

Orders

  • The court declines to require J to attend as a witness.
  • The application to stay the prosecution as an abuse of process is refused.