The Court permanently stayed proceedings for historical sexual abuse against a Scout organisation where the abuse occurred 40+ years ago, finding the defendant could not obtain a fair trial due to the death or unavailability of key witnesses who could give evidence about supervision systems and the perpetrator's appointment. The Court held that while the defendant could meet allegations about general knowledge of abuse risks, it could not meaningfully respond to allegations about its particular knowledge of the perpetrator's conduct or its systems for supervising leaders. The availability of the perpetrator as a witness did not cure the prejudice because he was not independent and had an interest in shifting moral blame to the defendant.
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