Brown, R v [2009] NICC 13 (28 January 2009)

Brown, R v [2009] NICC 13 (28 January 2009)

The application for a stay or to disallow Burcombe's evidence is dismissed because the accused can receive a fair trial, all relevant material has been disclosed, and there are no exceptional circumstances warranting a stay. The trial process can adequately address any issues regarding witness credibility or prosecution conduct.

Citation
[2009] NICC 13
Parties
Prosecution: The Queen; Defendant: Stephen Leslie Brown
Jurisdiction
Northern Ireland
Judgment Date
28 January 2009
Procedural Posture
Criminal / Interlocutory Application (abuse of Process/stay of Proceedings)
Outcome
application dismissed
Legal Topics
Abuse of Process, Fair Trial, Stay of Proceedings, Witness Credibility
Criminal Law Procedure Abuse of Process Fair Trial Stay of Proceedings Witness Credibility

Case Brief

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Parties

The Queen

Prosecution

Stephen Leslie Brown

Defendant

Procedural Posture

Criminal / Interlocutory Application (abuse of Process/stay of Proceedings)

Legal Issues

  1. 1 Whether it would be an abuse of process to try the accused or admit the evidence of Mark Burcombe
  2. 2 Whether the accused can receive a fair trial given the issues surrounding the witness's alleged UVF membership

Ratio Decidendi

The application for a stay or to disallow Burcombe's evidence is dismissed because the accused can receive a fair trial, all relevant material has been disclosed, and there are no exceptional circumstances warranting a stay. The trial process can adequately address any issues regarding witness credibility or prosecution conduct.

Court Disposition

application dismissed

Orders

  • Defence application for stay of proceedings or exclusion of witness evidence is refused; trial to proceed.