Court of Appeal dismisses appeal against order of the High Court refusing to injunct the DPP from prosecuting the appellant for alleged historic sexual offences, on the grounds that: (a) not one of the items of alleged specific prejudice came close to establishing a real risk of an unfair trial; (b) the cumulative effect of those alleged items of prejudice did not give rise to a real risk of an unfair trial, even when combined with the lengthy delay and the stress that the appellant was under; and (c) nor did those factors amount to exceptional circumstances which would mean it would be unfair to put the appellant on trial.
Appeal of decision of High Court refusing to injunct the DPP from prosecuting historic sexual offences in the Central Criminal Court - High Court also refused application to extend time within which to bring the application and ancillary reliefs - appellant facing 105 charges of indecent assault alleged to have occurred between 1971 and 1982 - appellant claiming both general and specific prejudice - specific prejudice including death of witnesses, lack of records relating to cars that he drove in which it is claimed that offences took place, lack of specific locations for a number of the counts and absence of certain other witnesses who may or may not be deceased - whether appellant had established that it would be unfair to put him on trial - whether there was a real risk of an unfair trial - whether the cumulative effect of the alleged items of prejudice was such as to create such a risk.