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Cited documents 1
Judgment
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Reported
A 23‑month pre‑trial delay causing social but not trial prejudice did not justify a permanent stay; High Court costs order set aside.
Constitutional law – fair trial: right to trial within a reasonable time (s 25(3)(a)) – meaning of "charged" – scope includes remand/arraignment – right protects liberty, social (stigma, occupational, anxiety) and trial-related prejudice – reasonableness assessed by flexible balancing test (length, reasons including systemic, assertion, prejudice) – permanent stay an extraordinary remedy reserved for significant trial prejudice – costs against bona fide constitutional litigant reversed.
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