Guernsey Judgment 37/2010 - Law Officers v Taylor

View printable version

(i) Criminal trial on indictment - money laundering offences - defendant's pre-trial application for disclosure by prosecution of investigation materials - factors of materiality and public interest - application refused. (ii) Defendant's pre-trial application for adjournment - allegation of abuse of process by prosecution - burden of proof on the defendant on the civil standard of the balance of probabilities - defendant sought to call witnesses in support of the abuse of process allegation - nature of abuse of process - English and Guernsey authorities reviewed - reliance on grounds of delay and misconduct by the prosecuting authorities - need for a Practice Direction on the making of abuse of process applications - application dismissed (see Judgment 38/2010).