Judgment No. CCZ 9/14 18
Const. Application No. CCZ 276/12
public interest is served by bringing litigation to finality. And, of course, quite apart
from the general public there are individuals with a very special interest in seeing the
end of a criminal case. Conscientious judicial officers, prosecutors and investigating
officers are therefore always mindful of the interests of witnesses, especially
complainants, in bringing a case to finality. Ordinarily the interests of all concerned
are best served by getting on and getting done with the case as quickly as reasonably
possible, but it may happen that the interests of the accused conflict with those of
others. Though the interests of others should not be ignored in deciding what is
reasonable, the demands of s 25(3)(a) require the accused’s right to a fair trial to be
given precedence.”
The applicants had the onus of placing before the court factors that would
show that a trial after such a lengthy period would prejudice them in their defence. They
have not done so.
The charges they face are very serious.
The amount involved is
considerable, notwithstanding that the offences are alleged to have been committed during
the era of the Zimbabwe dollar. The allegations relate to fraud involving government funds
and taxpayers would have an interest in the outcome of criminal charges concerning fraud
allegedly committed in respect of state funds. When weighed against the prejudice that the
applicants allege they will suffer from a delayed prosecution, it my considered view that
society would be justified in expecting that the criminal trial be brought to its logical
conclusion.
It is in the interests of justice that they be put on trial for the allegations they
face. In the circumstances of this case none of them has been able to point to any prejudice
that would ensue, with the exception of the delay which has been accepted to be
presumptively prejudicial.
In concluding it is my view that the applicants have failed to make out a case
for a permanent stay of prosecution. The application is accordingly dismissed.
Select target paragraph3
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