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High Court answers case stated by the District Court in the affirmative, holding that there was no serious risk of an unfair trial where the District Court had found as a matter of fact that CCTV footage deleted in error could contain nothing that would assist the accused.
Case stated by the District Court - accidental deletion of footage obtained from CCTV cameras of part of car chase - accused arrested following car chase - accused found in the driver's seat of the car and was incoherent and unsteady on her feet - accused confirmed when interviewed that she had been driving - charged with dangerous driving offences - guards could not see who was driving at the time of the chase - the part of the footage that was not deleted did not allow the viewer to see the driver - prosecuting guard, under cross-examination, accepted that it was possible that the missing CCTV footage could have been of evidential value to the accused if it was enhanced - main evidence of prosecuting guard was that the footage would clearly have been of evidential value to the prosecution as it showed the collision, the happening of which did not appear to be in issue - District Court made finding of fact that the missing footage did not contain anything of evidential value that could assist the accused - question referred to the High Court as to whether, having so found, the District Court was correct in finding that the defendant was not at a serious or unavoidable risk of receiving an unfair trial, taking into account the concessions made by the prosecuting guard and the admissions made by the accused - whether High Court restricted to consideration of the question as stated.
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