[2008] EWHC 507 (Admin)

The magistrates' court had been wrong to stay the prosecution of the respondent as an abuse of process because, although the loss of the prosecution's video evidence was in the circumstances an impediment to the respondent, he still had adequate means to challenge the prosecution case and the magistrates' court could have dealt with the matter in such a way as to ensure a fair trial.

QBD (Admin) (Silber J)

03/03/2008