A delay of approximately 39 years between alleged sexual offending and trial, combined with the loss of a police brief from an earlier investigation, does not necessarily render a trial unacceptably unfair where the trial judge excludes prejudicial evidence and gives a forensic disadvantage direction. The contention that lost investigative material may have advanced the defence is speculative and insufficient to warrant a permanent stay. Even had the lost brief contained a reason for not prosecuting based on an adverse opinion of the complainant's evidence, such an opinion would be irrelevant and inadmissible.
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