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    She alleged further that a similar pattern of sexual abuse had continued for more than two years. He applied to the Northern Cape High Court in Kimberley (the High Court) in March this year for an order permanently staying the private prosecution.

    The High Court issued the stay of prosecution, holding that the unreasonable delay, for which it regarded Mrs Bothma as being fully culpable, would result in irreparable trial prejudice to Mr Els and deny him his constitutional right to a fair trial.

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    A month later Mrs Bothma laid a criminal charge of rape against Mr Els at Galeshewe police station in Kimberley. In June 2007 she also instituted a civil claim against him in the High Court. The Director of Public Prosecutions (DPP) initially declined to prosecute but was persuaded by Mrs Bothma to reconsider the matter.The case was accordingly revived by the Kimberley office of the South African Police Service, and on 18 July 2007 a statement was taken from Mr Els. Students may choose to withdraw from the class with a full refund of tuition fees after the first class if it does not meet your expectations.She submits that the issues should have been left for the trial court to determine, and that any prejudice that Mr Els might suffer because of the delay would not have been insurmountable.Accordingly, it could not be said in advance that the trial court would be unable to ensure that Mr Els had a fair trial.

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