Judgment No. CCZ 9/14 15 Const. Application No. CCZ 276/12 Whilst accepting that the applicants have spent a long period awaiting trial, the State contends that its witnesses are available and that it is ready for trial. It is further submitted that it was ready for trial on 17 January 2012 when the application was made referring this matter to this Court. As regards the alleged violation of his Constitutional right to a fair trial within a reasonable period, Mukandi said that since his deportation he and his wife had separated. The family remained in Canada and they were finding it difficult to cope alone. He had not been given notice of his deportation and had to send his boss a letter of resignation via e-mail. He said that since his arrest he had developed health problems and mentioned diabetes, high blood pressure and cholesterol, which ailments he said he did not suffer from prior to the arrest. He was concerned that his trial would not be fair due to the delays and conduct by the State in the whole matter. He said that the offence was alleged to have occurred between 1996 and 1998 and that, due to the passage of time, he could not recall the events surrounding the alleged offence and he was afraid that he would not get a fair trial. He also could not recall whether or not he had any documents which could assist in the conduct of his defence at his trial. Mukandi stated that he would have wanted to call a Dr Mashingaidze, who was his immediate boss during the period when the offence with which he is charged is alleged to have occurred. He stated that Mashingaidze is now blind. He did not place evidence before the magistrate to show that Mashingaidze was unable to testify as a result of the alleged blindness. The court is invited to infer that by virtue of the alleged blindness the witness cannot give evidence.