Synopsis:
Application for leave to appeal against an order of the High Court granting a permanent stay of a prosecution. The applicant had instituted a private prosecution against the respondent on charges of rape alleged to have occurred almost 40 years earlier. The High Court held that the delay, for which it regarded the applicant as being fully culpable, would result in irreparable trial prejudice to the respondent and deny him his constitutional right to a fair trial. Sachs J held that the High Court had paid insufficient attention to the specific nature of the alleged offence and the manner in which the applicant claimed the trauma had contributed towards the subsequent delay. These were issues that should have been left for the trial court to determine. Any prejudice that the respondent might suffer because of the delay was not insurmountable and his right to a fair trial would be protected by the presumption of innocence. The appeal therefore succeeded, and the decision of the High Court staying the prosecution was set aside. Majority: Sachs J (unanimous)
