QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE MACKAY
|THE QUEEN ON THE APPLICATION OF KENDALL||(CLAIMANT)|
|SELBY MAGISTRATES' COURT||(DEFENDANT)|
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"It is most unfortunate that this case did not proceed on the 14th March at 10 o'clock. This bench was available to start at that time but the start was delayed for 2 hours at the request of the defence and prosecution. Today's delay is for reasons known to you. It is unfortunate that whilst the court can accommodate the hearing continuing tomorrow this is not convenient to either the prosecution or defence. We have therefore decided that this trial should be heard afresh before a different bench. We do not believe that this is an abuse of process, more an unfortunate series of events. We have also considered whether the defendant will be disadvantaged because the three principal witnesses will be giving their evidence for a second time and have concluded that he would not be."
It is that decision which is sought to be challenged in these proceedings.
"The fact that a person may be prejudiced on the re-hearing before a different tribunal is, of course, unarguable, but does occur unfortunately from time to time. Every advocate is familiar with the situation where he has to conduct cross-examination in a re-trial, of witnesses who he has questioned on the same issues before; but it could hardly be said that because of that difficulty the justices' decision in the present case was perverse."
In my judgment, that resonates in the present case.