The applicant, charged with multiple counts of robbery alongside a co-accused, applied for severance on the basis that a joint trial would infringe his right to be tried within a reasonable time.
Due to the COVID-19 pandemic, jury trials were suspended, causing significant delay.
The applicant was willing to re-elect for a judge-alone trial, while the co-accused was not.
The court granted the severance application, finding that while most factors favoured a joint trial, the potential injustice caused by the delay and mutually inconsistent elections warranted severance.
