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.

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