Application for stay of proceedings — rape — defendant's right to fair trial — interview evidence — CT v R [2014] NZSC 155 [2015] 1 NZLR 465. 27 CRNZ 422. Near the end of a Judge Alone trial, counsel for the defendant sought an application for a stay of proceedings. The defendant faced one charge of rape after DNA evidence linked him to the rape of a teenage girl 13 years ago. The basis of the application was that the complainant may have given more evidence before and/or after her police interview on the day of the alleged offending and it was unfair that this could not be obtained. The complainant and interviewing police officer could not remember. There were also some slight differences between the complainant's evidence at trial and at her second police interview. The Judge found that counsel for both the defence and the Crown were disadvantaged by the fact the complainant's first police interview may not have been fully recorded, however this did not mean the defendant had not received a fair trial. As to the differences in the complainant's evidence, the Judge found they were not material and did not detract from her evidence. The Judge stated the complainant had accurately and fairly recorded what happened on the day of the offending. The application for stay of proceedings was dismissed. Judgment Date: 27 September 2018.