Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

26 August 1998

Before: FC Hamon, Esq., Deputy Bailiff, and

Jurats Le Ruez and Bullen

AG

-v-

William Swanston

On 22 May 1998, the accused pleaded not guilty to 1 count of grave and criminal assault, and was remanded for trial before a Criminal Assize, on his application and by virtue of Article 24 of the 1864 Law on Criminal Procedure, to be held in September, 1998.

AR Binnington, Esq., Crown Advocate

Advocate CGP Lakeman for the accused

JUDGMENT

THE DEPUTY BAILIFF: This is an application for a delay and in no way is it to be laid at the door of the prosecution. It apparently arises from a disagreement between the accused and his former counsel. Mr Lakemans office was appointed on a legal aid certificate on 10 August. That is now three weeks ago. There is a further twelve days to the Assize trial which is set for 7 September. Already the July Assize was vacated, under the provisions of the Law, to these September Assizes.

This Court can only express surprise that - without of course in any way involving ourselves in the merits of the case - Mr Lakeman appears to be waiting for his client to obtain expert medical opinion from England. We cannot conceive that such expert opinion is not readily available in Jersey. We cannot order a stay unless the defendant can show, on the balance of probabilities, that unless there is a delay he will suffer prejudice to the extent that no fair trial can be held.

In the circumstances we cannot see that to allow this prosecution to continue would amount to a misuse of the process of the Court and the trial will proceed as scheduled.

Authorities

Oliveira (1997) Cr.L.R