Judgment No. CCZ 13/2015 16
Const. Application No. CCZ 56/13
SOCIETAL INTEREST
[45]
There will also always be the interests of society to be taken into account in any
“balancing” of the factors that have been cited with approval by this Court since
Fikilini v Attorney-General (supra)
[46]
In In re Mlambo (supra) GUBBAY CJ cited with approval the remarks of CORY J
in R v Askov (supra), at p 1220 that:“...It can never be forgotten that the victims may be devastated by criminal
acts. They have a special interest and good reason to expect that criminal trials
take place within a reasonable time. From a wider point of view, it is fair to
say that all crime disturbs the community and that serious crime alarms the
community. All members of the community are thus entitled to see that the
justice system works fairly, effectively and with reasonable dispatch. The very
reasonable concern and alarm of the community which naturally arises from
acts of crime cannot be assuaged until the trial has taken place. The trial not
only resolves the guilt or innocence of the individual, but acts as a reassurance
to the community that serious crimes are investigated and that those
implicated are brought to trial and dealt with according to the law.”
[47]
In the Askov case (supra) (at pp 1219-20) CORY J discussed the “community or
societal interest” in the following terms:“Community interest has a dual dimension. First, there is a collective interest
in ensuring that those who transgress the law are brought to trial and dealt with
according to the law. Second, those individuals on trial must be treated fairly
and justly. Speedy trials strengthen both those aspects of the community
interest.”
DISPOSITION
[48]
Whilst accepting, as one must, that the applicant has been in custody for an
unconscionably lengthy period of time, it is clear, from what has been said before,
that this was due mainly to the fact that the record of the proceedings mysteriously
Select target paragraph3
Add to table of contents