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Trial of man accused of indecent assault on school children to proceed after appeal based on delay fails
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Supreme Court dismisses appeal of refusal to prohibit criminal trial of man accused of indecent assault on a number of pupils in a national school when he was a teacher at the school, finding that all of the relevant factors (some of which are his age, bad health and the delay in prosecuting), when combined, do not establish a situation where his trial should be prohibited.
Denham CJ (nem diss): Criminal law – judicial review – delay – appeal of refusal to prohibit the trial of the appellant of indecent assault on a number of pupils in a national school when the appellant was a teacher at the school – appellant’s previous unsuccessful appeal – whether there had been any blameworthy prosecutorial delay in bringing the prosecutions after the complaints were initially made – whether there was real risk of an unfair trial – missing records are not a basis upon which to prohibit the trial – prejudicial publicity – fade factor – dismiss appeal.
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