Deliberate impropriety by investigating officers in arranging a compulsory ACC examination before charging an accused does not of itself warrant a permanent stay of criminal proceedings, provided the examination evidence is not disseminated to prosecution lawyers and the derivative evidence would have been obtained in any event. The denial of access to legal representation before a compulsory examination does not warrant a permanent stay where the examiner explained the examinee's entitlement to claim privilege against self-incrimination. Following Lee v The Queen, a fair trial remains possible even where investigating officers have had access to compulsory examination transcripts, provided appropriate quarantine measures are taken.
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