Duncombe-Wall v Police

The appellant, Duncombe-Wall, was charged with making threats to cause harm to his former wife, Susan Duncombe-Wall, on 5 February 1997. The appellant claimed that the police had destroyed the record of an emergency 000 call made on the night of the offence, which he argued was crucial to his defence. The appellant sought a permanent stay of the proceedings but was unsuccessful before Mr Field SM. The matter proceeded to trial before Mr Boxall SM, who found the appellant guilty of the offence. The appellant appealed against both the refusal to grant a permanent stay and the finding of guilt. The primary issue before the court was whether the destruction of the 000 call record constituted an abuse of process warranting a stay of proceedings. The court found that the prosecution had a duty to preserve all evidence, regardless of whether it was favourable or unfavourable to their case. The court held that the destruction of the 000 call record had deprived the appellant of a significant opportunity to present his case, and that there was no way to rectify or remedy the absence of the evidence. The court allowed the appeal, set aside the finding of guilt, and ordered a permanent stay of the proceedings against the appellant.