PC (Trinidad and Tobago) The defendant appealed against his conviction for murder. An elderly lady had been raped and murdered. Other evidence had been destroyed in a fire at the police station, and the prosecution relied upon fingerprints found on spectacles found near the body. The defendant argued that the very substantial delay of six years after arrest and before trial prejudiced his ability to defend himself, and was an abuse.
Held: Stay for abuse for delay must be exceptional, and in this case the defendant had not shown sufficient prejudice to establish abuse. The loss of evidence had prejudiced his ability to defend himself by showing that the samples were not his. However the defendant had had time and opportunity before their loss to establish this and had not done so. Other points raised by the defendant did not affect the decision. Appeal denied.
Judges:
Lord Bingham of Cornhill, Lord Steyn, Lord Cooke of Thorndon, Lord Hutton, Sir Anthony Evans
Citations:
[2000] UKPC 51
Links:
Citing:
Cited – Attorney General’s Reference (No 1 of 1990) CACD 1990
A police officer attended an incident where two people were arrested. Complaints about his conduct were made of which he was given notice. A formal investigation was instituted and adjourned pending the outcome of criminal proceedings against those . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Crime
Updated: 06 June 2022; Ref: scu.174689
