Date:
10.6.91.
Time:
Reporter:
9.30
1.0
PMO/11
Mr Nicholls
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and your approach to the competing public interests.
Passing from there, if I may, can I come to your decision at the last hearing respectfully and our analysis
of it. Sir, on the last occasion in coming to your decision
you weighed "all aspects of the public interest including
the rights of an accused." Central to your decision
was the reality of the situation and I am referring to
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pages 4 and 9 of your decision.
You took account of
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a return date, namely, that the Crown within
the consequences that would ensue if you were to appoint
seven days
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would have to provide the Defence with copies of the precise
charges and the statements of witnesses. The Crown was
not then in a position to do that. You declared that,
[Reads]
"-- if you made the Order requested by Mr Hamilton, there would be a very real possibility that the prosecution on the BMFL charges might founder." The Crown today is not in the position to comply with the requirements of the Complex Commercial Crimes Ordinance upon an application for transfer to the High Court nor, alternatively, provide the material required by section
80A (4) for committal. It is and it is as far as I could
put it, however, further along the line to being able to
do so.
The matters which were raised by Mr Hamilton on the last occasion and, no doubt, will be repeated on this occasion, are ultimately for a trial judge to consider
upon proceedings for an abuse of process.
In the course of your decision, you made the followin findings and we have enumerated them as six in number. Firstly, that it is in the public interest that there should be a joint trial of all the accused and you have regard, sir, to a number of matters which are set out in page 4 of your decision matters of time, expense and prejudice. Secondly, you found that there had been no undue delay given the "extraordinary circumstances of BMFL." They were the seriousness of the charges, complexity of the
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