High Court, by way of judicial review, refuses to restrain a criminal trial for dangerous driving causing death on the grounds of inordinate, unjustifiable and unreasonable delay, in circumstances where the applicant left the jurisdiction within a matter of days of the crash and operated under an assumed name before being arrested under the European Arrest Warrant, on the grounds that while there has been blameworthy prosecutorial delay, the prejudice that the applicant has suffered is not sufficient to outweigh the public interest in having this prosecution proceed to trial.
Criminal law – judicial review – application to restrain criminal trial for dangerous driving causing death on the grounds of inordinate, unjustifiable and unreasonable delay – whether the delay has resulted in a denial of the applicant's right to a fair and expeditious trial – Article 38.1° of the Constitution – European arrest warrant issued for applicant – whether the delay of just over 6 years between the alleged commission of the offence and the applicant being charged with that offence is such that in all the circumstances the trial should now be prohibited from proceeding – whether there is blameworthy prosecutorial delay – s. 80 of the Criminal Justice (Terrorist Offences) Act 2005 – Court regards the prosecutorial delay in this case as being ‘blameworthy’ – applicant is not alleging that the delay has impaired his ability to defend himself or that there is a risk of an unfair trial arising from the delay – whether the delay has caused the applicant significant prejudice – weighing up this prejudice against the public interest in prosecuting crime – the prejudice that the applicant has suffered is not sufficient to outweigh the public interest in having this prosecution proceed to trial – reliefs sought refused.