The loss of physical exhibits and witness records by police or third parties does not warrant a permanent stay of proceedings where independent evidence of guilt exists (here, confession evidence from a separate witness and tape recordings), the Crown concedes the absence of inculpatory forensic evidence on the accused's clothing, and the trial judge retains powers under the Evidence Act to exclude unfairly prejudicial evidence. The Ridgeway v R public policy exclusion does not extend to the loss of evidence by witnesses with no official standing. The Canadian authority of R v Carosella is distinguishable where the Crown case does not rest substantially on the credibility of a single complainant.
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