Judgment No. CCZ 3/2015 8 Criminal Appeal No. CCZ 227/11 In short, the application is fundamentally and fatally defective. Moreover, because it was defective as from its inception, I take the view that it is incurably defective and cannot be regularised. That being so, I do not think it appropriate, as proposed by both counsel, to remit the matter to the trial court for it to conduct the necessary inquiry into the relevant facts. It is of course open to the applicant, should he so deem fit upon proper advice, to institute a fresh application before that court in compliance with the established procedural requirements. In the result, the application is dismissed. There shall be no order as to costs, none having been sought by the respondent. CHIDYAUSIKU CJ: I agree. MALABA DCJ: I agree. ZIYAMBI JA: I agree. GWAUNZA JA: I agree. GARWE JA: I agree. GOWORA JA: I agree.