The respondents brought a preliminary motion to dismiss six human rights complaints for abuse of process, arguing that the Commission's delay in investigating and referring the matters prejudiced their ability to mount a defence.
The respondents specifically relied on the fading memories of witnesses and the death of a key management witness prior to the hearing.
The Board of Inquiry dismissed the motion, finding that the respondents failed to establish actual prejudice.
The Board noted that the respondents had not taken steps to preserve evidence when the complaints were fresh, that other witnesses with direct knowledge remained available to testify, and that the respondents' own conduct had contributed to the delay.
