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At the outset of these proceedings counsel for the respondent indicated that it was not intended to proceed with any counts in relation to DOD.
On the 23 rd July, 2001, Butler J. granted leave to apply by way of application for judicial review to the applicant therein. The relief sought in the originating notice of motion and in the light of the order made of 23 rd July, 2001, may be summarised as follows:
In this case it is accepted by the respondent that the delay is prima facie inordinate,
That being so, it is incumbent on the respondent to show that the delay from the time of the offence alleged to the initiation of proceedings was explicable in all the circumstances.
"Explicable in all the circumstances" does not merely mean reasonable. The explanation must be substantially connected with the actions of the applicant. The reason for this and the rationale behind the provision for the explanations of otherwise inordinate delay is that the applicant should not be allowed benefit by reason of a delay which was brought about by the actions alleged against him:
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