Murder re-trial in circumstances where jury was discharged would be oppressive

Criminal law – appeal by DPP of High Court ruling restraining the re-trial of the applicant in respect of a prosecution for murder – prosecution accepted that they could no longer rely on the evidence of a Dr. Jaber as to mechanism of death after concerns were raised about his evidence as to the cause of death – whether the applicant is out of time to seek the relief sought in these judicial review proceedings that a re-trial would be an abuse of process – whether a re-trial in these circumstances compromise the applicant’s right to a trial in due course of law by virtue of Article 38.1 – whether the applicant is debarred from seeking relief by reason of delay and lapse of time – Ord. 84, r. 21 of the Rules of the Superior Courts – whether a re-trial in the circumstances in which the jury was discharged would be oppressive or unfair or otherwise not in due course of law – any re- trial would be unfair or oppressive because of these circumstances and the particular stage of the trial at which the jury came to be discharged – order restraining the Director of Public Prosecution from proceeding with this prosecution was correct – appeal dismissed.