"The Advertiser can reveal counsel for Mr. Keogh have filed
an abuse of process application with the Supreme Court, seeking to
derail their client’s third Supreme Court trial scheduled in May 2016. It is understood their argument centres on the fact two decades have passed since the alleged murder of Anna-Jane Cheney. Keogh’s counsel contends witness recollections will be
unreliable as a result of the passage of time, leaving a jury incapable
of reaching a verdict beyond reasonable doubt. It is understood they further claim the issue is an “incurable” one for prosecutors, meaning the trial should not go ahead.
https://www.google.com/url?rct=j&sa=t&url=http://www.dailytelegraph.com.au/news/henry-keogh-lawyers-for-alleged-murderer-say-his-third-trial-is-an-abuse-of-process/story-fnii5yv6-1227498837047&ct=ga&cd=CAEYACoUMTU2OTQxMzMzMzM2NzkzMDI5NDgyGjI5NDlmNzU2YTExZWQxMzI6Y29tOmVuOlVT&usg=AFQjCNG1igI72og4ROScyDoE-OwGD1DFoQ