Indictment stayed as an abuse of process in R v M

16.11.12 | |

Amos Waldman successfully defended M, who was charged with Rapes and sexual assaults on his step-son. The Trial Judge stayed the indictment as an abuse of process, at the close of the prosecution case. He did so primarily on the basis that the defence were prejudiced by an inability to adduce certain important evidence. The situation was further compounded by failures in the police investigation and disclosure.

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