A prosecutor who has previously represented an accused in unrelated matters will not be restrained from prosecuting, and no miscarriage of justice will arise, where the prior representation was brief, remote in time, and unrelated in subject matter, and no specific prejudice to the accused's evidence is demonstrated. The weight of authority supports the proposition that a solicitor's duty of loyalty does not survive termination of the retainer. Whether unfairness arises from a prosecutor's prior representation depends on the nature and degree of previous familiarity — it cannot arise from every former retainer, however brief, remote in time, or unrelated in subject matter.
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