In cold cases where police files have been destroyed pursuant to routine policy, an applicant seeking a permanent stay must demonstrate specific prejudice flowing from the destruction, not merely presumptive prejudice from the loss of the procedural right to disclosure. The absence of bad faith in the destruction significantly weakens the application. However, the application may be renewed during trial if circumstances emerge demonstrating actual unfairness. Two members of the Court criticised the police practice of retaining forensic evidence (fingerprints, DNA) while destroying the balance of the investigative file.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.