In late 2011, a mother and daughter were accused of bludgeoning their neighbor Gilbert Blair with a hammer. It was a family dispute but they were charged with dangerous harm and use of deadly means of harm.
Now, 12 years later, they still haven't been tried for their alleged crimes.
And that's why their attorney, OJ Elrington went to the High Court claiming a breach of their constitutional right to a trial within a reasonable time.
Justice. Patricia Farneese handed down a decision today to say that their right to a fair trial has been breached, but she did not agree that the proceedings should be permanently stayed. Their attorney explained:
OJ Elrington, Atorney for Pau and Bood
"The decision was handed down by the Honourable Justice and she ruled in favour of her clients to say that indeed their constitutional right has been breached. However, she said that only under extreme circumstances where it can be proven that it would be impossible to have a fair trial at all would there be a permanent stay of the proceedings."
"And so she denied her application to have it permanently stayed, that part of her application. However, she did say that the matter should be commenced and concluded within a year, within its entirety and if that does not happen then the matter will be permanently stayed."
We'll let you know if and when it goes to court.
