The prosecution appealed an order staying six fraud and fraud-related charges against the respondent due to unreasonable delay under section 11(b) of the Charter.
The 18-month presumptive ceiling under Jordan was exceeded after the trial was adjourned to accommodate the respondent's Charter challenge, but the Military Judge attributed the ultimate delay to the unavailability of prosecution counsel on earlier dates.
The Court Martial Appeal Court found no reviewable error in the Military Judge's conclusion that the delay was attributable to the prosecution and dismissed the appeal.
The respondent's cross-appeal regarding an earlier stay application was dismissed for mootness.
