A permanent stay of criminal proceedings will not be granted where delays in prosecution are explained by legitimate safety concerns for witnesses and undercover operatives, non-disclosure of an exculpatory statement was unintentional and the document is now available to the defence, and the complaints are capable of being remedied by case management techniques at trial. The filing of a second ex officio indictment after the first is withdrawn, even in the absence of significant new evidence, does not of itself constitute an abuse of process or double jeopardy.
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