The combination of loss of primary electronic evidence and significant delay (here approximately seven years) can warrant a permanent stay of criminal proceedings where the lost evidence was highly probative on central issues and no procedural remedy can cure the resulting unfairness. The test is whether continuation to trial could constitute an unacceptable injustice or unfairness, not whether there has been abuse of power or process. Delay alone will rarely warrant a stay, but it becomes a compounding factor when coupled with evidentiary loss.
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