The applicant, charged with sexual assault against two stepdaughters, applied to sever the counts in the indictment.
He argued that the significant time gap between the alleged incidents and the risk of propensity reasoning would prejudice his right to a fair trial.
The court dismissed the application, finding a strong factual and legal nexus between the counts, including similar delayed disclosures and an alleged admission against interest.
The court concluded that appropriate jury instructions could mitigate any potential prejudice.