<P> The court held that the circumstances rendered this case so extraordinary that a stay of prosecution did present itself as the obvious and only remedy . A permanent stay of prosecution was granted accordingly . </P> <P> In McCarthy v Additional Magistrate, Johannesburg, McCarthy had been unsuccessful in an application for an order </P> <Ul> <Li> reviewing and setting aside a warrant for her arrest; and </Li> <Li> for the indefinite stay of the proceedings against her in the case in a magistrate's court, in which an inquiry was to be held with a view to the surrender of McCarthy to the United States to stand trial for conspiracy to murder, allegedly committed in 1985 . </Li> </Ul> <Li> reviewing and setting aside a warrant for her arrest; and </Li>

Difference between section 86 and 88 of the criminal procedure act