Judgment No. CCZ 13/2015 2
Const. Application No. CCZ 56/13
[3]
Owing to the long and tortuous journey that this matter has trudged, it is necessary to
set out the background in some detail, as such background explains, to a large extent,
why this Court issued the above order.
FACTUAL BACKGROUND
[4]
In August 1998, the applicant and two other co-accused were arrested on allegations of
murder and armed robbery committed at Chiwaridzo Bottle Store located at Chipadze
Township, Bindura. They were placed on remand. Their application for bail was
dismissed. The applicant has been in custody since then.
[5]
The criminal trial commenced sometime in September 2001 before Justice Hungwe
and two assessors. The applicant, who was legally represented by pro deo counsel,
initially Mr Julian Colegrave and thereafter Mr Makuyana, pleaded not guilty to two
counts of murder. He however admitted taking part in the robbery in the company of
two others, one of whom was armed. Evidence was led by both the State and defence.
The defence case was closed on a date not known but either in 2003 or 2004.
[6]
In July 2013, the applicant filed the present application seeking a permanent stay of the
criminal proceedings instituted against him and, as a corollary, an order releasing him
forthwith from custody. He alleged that the failure by the State to complete his trial,
ten years after the closure of the State case and fifteen years after his arrest, constituted
a violation of his rights enshrined in s 50 and s 69 of the current Constitution.
PROCEEDINGS BEFORE THIS COURT
[7]
In his founding affidavit, the applicant averred that the record of the proceedings had
gone missing together with the transcript of the proceedings. Attempts to reconstruct
the record by the Registrar were unsuccessful.