A judge had not erred in refusing to stay proceedings for abuse of process in a trial concerning sexual offences which took place after the death of a defence witness, where there was no suggestion that the witness would have given unique or striking evidence, and the judge had properly directed the jury on the matter so as not to render the trial unfair.
ABUSE OF PROCESS ADEQUACY OF JURY DIRECTIONS CRIMINAL EVIDENCE CRIMINAL PROCEDURE DEATH OF KEY DEFENCE WITNESS DEFENCE EVIDENCE DEFENCE WITNESSES FAIRNESS INDECENT ASSAULT RIGHT TO FAIR TRIAL STAY OF PROCEEDINGS WHETHER ABSENCE OF EVIDENCE AFFECTED OUTCOME WITNESSES
Where a case concerning allegations of rape and of aiding and abetting rape turned entirely on the credibility of the complainant as against the appellants, and evidence which went to that issue had been excluded, even though that had been done with the agreement of defence counsel, the convictions were quashed.
CREDIBILITY CRIMINAL EVIDENCE DEFENCE AGREEING TO EXCLUSION OF EVIDENCE DEFENCE WITNESSES EXCLUSION EXCLUSION OF EVIDENCE PERTINENT TO CREDIBILITY RAPE WITNESS STATEMENTS