Retrial for sexual assault to proceed as application to prohibit trial refused

The Court of Appeal dismissed an appeal against the High Court's refusal to prohibit a retrial of an individual on a single count of sexual assault where a previous jury had acquitted him on five related charges and failed to reach a verdict on the outstanding count. The appellant argued that a retrial would disrespect the earlier not guilty verdicts and lead to inevitable unfairness, as evidence concerning the acquitted counts would arise again. The Court of Appeal upheld the High Court's findings that a retrial was not precluded by the earlier verdicts, that a fair trial could still be ensured via the trial judge’s directions and powers, and that there was no evidence of unavoidable unfairness justifying prohibition at this stage. The Court emphasised that disputes about potential unfairness should ordinarily be raised with the trial judge during the retrial itself.