R v S, PD

In the case of R v S, PD, the applicant, a person accused of various criminal offences, sought an order staying the proceedings against him and other reliefs. The trial was initially listed for 19 July 2016, but the Director of Public Prosecutions (DPP) laid a fresh Ex officio information on 14 July 2016, which contained a new count. The applicant argued that there was an alleged failure of the prosecution to disclose material in a timely fashion, which caused irretrievable unfairness to him. The trial date was inevitably vacated, and the applicant sought a temporary stay order conditional upon the prosecution paying costs to address the substantial unfairness.

The legal issues that the court had to decide included whether there was an abuse of process that warranted a stay of proceedings, whether the court has the power to make a temporary stay order conditional upon the prosecution paying costs, and whether costs should be ordered in criminal cases in other than exceptional circumstances. The court had to consider the principle that a judge should exclude evidence, the prejudicial effect of which would outweigh its probative force, and whether such evidence should be received de bene esse and ruled on subsequently by the trial judge.

The court's reasoning and outcome were that the applicant's submissions would be highly persuasive in the case of a jury trial, but the court was of the view that it should not be dealt with by the trial judge, who would hear the charges without a jury. The court declined the application by the applicant, in Clause 6, accordingly. The court also declined the application for the exclusion of certain evidence, but it would be considered by the trial judge. The court made the following other determinations: the relief sought in clauses 1-3, 5 and 8 of the application was in each case refused; the relief sought in clauses 6 and 7 of the application was declined but would be considered by the trial judge; and the court would hear the parties as to any orders to facilitate the trial to commence on 22 May 2017.