A judge has given prosecution lawyers 28 days to come up with a different charge in the case against former Essex cricketer Mervyn Westfield.
Due process is also the catchall vehicle for the enforcement of fundamental fairness, even if the infirmities of a given prosecution do not neatly sound in another enumerated provision.
To speed the trial, the presiding judge, Lord Ranald Sutherland, adjourned early to give prosecution and defense lawyers a chance to agree which testimony on uncontested material could be skipped.
Her interventions may have been rare - but each has revealed a meticulous attention to detail and fairness, and obvious desire to give prosecution and defence an exhaustive opportunity to present their cases.
At the hearing, which took place at the Geelong Supreme Court, Justice Betty King gave prosecution and defence lawyers 24 hours to view the series and return to court the following day to decide whether it had the potential to affect the forthcoming trial.
But Ms. Wilson said that Mr. Mock was wrong about the law, that such testimony would not have given the prosecution that opening.
Given the prosecution team that has been assembled for the Enron investigation, lawyers involved in the case said, anyone's defense strategy should quickly contemplate what other potential defendants will do.
No trials have been scheduled, and none of the men have had charges dismissed, although two were given "suspended prosecution" in which their records may be expunged after a year.
One of his lawyers, Avigdor Feldman, said the district court had set aside the doubts of the prosecution "with unfortunate lightness," given that the prosecution had considered the chances of a rape conviction "very borderline".
Fewer 'Gotchas' in Court In Massachusetts, judges in criminal trials can now compel defense lawyers to give the prosecution evidence they plan to use to cross-examine prosecution witnesses.
