The applicant, having been acquitted of criminal harassment, initiated a private prosecution against the complainant for perjury and other offences.
After a justice of the peace issued process, the Crown intervened and entered a stay of proceedings, citing no reasonable prospect of conviction and public interest.
The applicant sought certiorari to quash the stay, alleging abuse of process and flagrant impropriety by the Crown.
The Superior Court dismissed the application, finding that the Crown's decision to stay proceedings is a core prosecutorial discretion immune from judicial review absent flagrant impropriety, which the applicant failed to establish.
