Judgment No. CCZ 13/2015 5 Const. Application No. CCZ 56/13 Miss Mufakose – now late) stated in her affidavit that, as far as she recalls, the proceedings went as far as judgment and extenuating circumstances. 14.2 Florence Ziyambi, the trial prosecutor, stated that in 2003 the applicant and another accused were convicted of murder with actual intent after which submissions were made on the question of extenuation. The matter was then postponed for a ruling on the question of extenuation and passing of sentence. During the proceedings she took notes of all the proceedings. The notes were contained in three note books, which she marked I, II and III. Following the disappearance of the record, and, in order to assist with the reconstruction of the record, she availed the note books to the Acting Registrar of the High Court, a Mr Makomo. When she later requested for the notebooks, she received only the first two. The third, which contained notes on the judgment and submissions on extenuation, could not be located. She arranged for a transcription of the first two notebooks. A copy of that transcript has been filed with this Court. 14.3 Tatenda Mawere, who was a partner in the law firm representing the applicant, stated that, at the close of the state case, the applicant’s counsel, Mr Makuyana, handed over the file to him as he was leaving the country to work at their Botswana office. He too had to shuffle between Zimbabwe and Botswana as he, like Mr Makuyana, was trying to make ends meet during the economic meltdown that gripped the country before dollarization. He handed