The unavailability of security camera footage through routine erasure, where there is no misconduct by the prosecution and no way of knowing whether the footage recorded anything relevant, does not render a criminal trial unfair in the sense required to justify a permanent stay. The concept of unfairness in this context is narrow: it requires a fundamental defect going to the root of the trial that cannot be remedied by the trial judge's exercise of available powers. Courts must balance the accused's interests against the public interest in bringing charges to trial, and the stay remedy is exceptional. Some earlier single-judge decisions in South Australia applied too broad a concept of unfairness.
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