The bona fide prosecution of a person for a separate criminal offence arising from the same facts as a charge of which the person has been acquitted does not, without more, constitute an abuse of process or vexatious proceedings. The delay in bringing the new charge may be explicable where the prosecution was occupied with the original charge through committal, trial, appeal and retrial. Formal admissions made at earlier trials on different charges may be excluded by the trial judge as prejudicially obtained, and the availability of such judicial remedies weighs against a finding that a fair trial is impossible.
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