Chee, R. v [2020] NICC 10 (19 May 2020)

Chee, R. v [2020] NICC 10 (19 May 2020)

It would be an abuse of process to proceed with a third trial on the remaining five counts because the defendant could not receive a fair trial due to the prejudicial effect of previous acquittals and the impossibility of fairly presenting contamination and collusion evidence, and it would be unfair to try him again given that two juries have acquitted him on similar evidence, the public interest has been served, and the delay further bolsters the unfairness.

Citation
[2020] NICC 10
Parties
Prosecution: Regina; Defendant: Tony Chee
Jurisdiction
Northern Ireland
Judgment Date
19 May 2020
Procedural Posture
Criminal / Ruling on Renewed Abuse of Process Application Prior to Potential Third Trial
Outcome
Application granted; proceedings stayed as an abuse of process.
Legal Topics
Abuse of Process, Sexual Offences, Fair Trial Rights, Double Jeopardy, Medical Practitioner Misconduct
Criminal Law Abuse of Process Sexual Offences Fair Trial Rights Double Jeopardy Medical Practitioner Misconduct

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Regina

Prosecution

Tony Chee

Defendant

Procedural Posture

Criminal / Ruling on Renewed Abuse of Process Application Prior to Potential Third Trial

Legal Issues

  1. 1 Whether a third trial on remaining counts after two acquittals constitutes an abuse of process
  2. 2 Whether the defendant can receive a fair trial given the history of proceedings and evidential context
  3. 3 Whether it is unfair to try the defendant again in light of previous verdicts and delay

Ratio Decidendi

It would be an abuse of process to proceed with a third trial on the remaining five counts because the defendant could not receive a fair trial due to the prejudicial effect of previous acquittals and the impossibility of fairly presenting contamination and collusion evidence, and it would be unfair to try him again given that two juries have acquitted him on similar evidence, the public interest has been served, and the delay further bolsters the unfairness.

Court Disposition

Application granted; proceedings stayed as an abuse of process.

Orders

  • The proceedings in relation to the remaining five counts are stayed.