Judgment No. CCZ 3/2015 7 Criminal Appeal No. CCZ 227/11 only returned to Zimbabwe in 2011. As pointed out by Mrs Fero, this appears to tally with the police docket which shows that the applicant could not be located between 2005 and 2011. There can be no doubt that all of the above assertions and counterassertions should have been ventilated through viva voce evidence in order to determine the reasons and responsibility for the delay in bringing the applicant to trial. Equally necessary was the evidence necessary to demonstrate that the applicant did in fact assert his right to a speedy trial, that he has been prejudiced by the delay and the specific manner in which he has been prejudiced. Moreover, in respect of all of these factors, the State should have been given the opportunity to test the veracity of the applicant’s position through cross-examination, in addition to being given the opportunity to adduce its own evidence to rebut that position. DISPOSITION It is abundantly clear from the foregoing that this Court would be severely handicapped, on the basis of the evidence on record, in attempting to make any meaningful finding on the relevant issues so as to determine the alleged violation of the applicant’s right to a fair and expeditious trial. The evidentiary deficiencies in casu are fatal to the propriety of the proceedings before the Magistrates Court and its ruling referring the matter for determination by this Court.