A delay of 33-46 years in historical sexual offence cases, combined with the death of ten potential witnesses, loss of school and police records, and absence of statements from complainants' family members, constitutes presumptive prejudice only — not actual prejudice warranting a permanent stay — where the deceased witnesses were contextual rather than eyewitnesses or alibi witnesses, and what they might have said is speculative. A police investigation carried out in good faith that is not as thorough as it could have been is insufficient to invoke the extraordinary remedy of a permanent stay.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
4 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.