A stay of a prosecution for battery as an abuse of process was not justified. The erasure of CCTV footage of the incident and inconsistencies in witness evidence as to what actually occurred did not mean that it would be impossible for the accused to have a fair trial, or that he would be prejudiced or disadvantaged to a degree warranting the exceptional course of granting a stay.

DC (Gross LJ, Gloster J)

30/01/2013