A trial judge considering a change of venue application may legitimately take into account the systemic consequence that granting the application solely because of police cell custody conditions could result in criminal trials no longer being conducted at country courts. The presumption that jurors will follow judicial directions, as stated in Glennon, is a proper consideration in the balancing exercise on a change of venue application. The onus on an applicant seeking a change of venue is 'clearly and heavily' upon the applicant to demonstrate that no reasonable view of the material could have justified refusal.
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