Judgment No. CCZ 12/14 4 Civil Appeal No. SC 327/12 In the Magistrates Court it was not in dispute that on 24 July 2009 and 2 November 2010 the applicant filed a complaint with the police against Muderede and his wife Michelle. In the complaint she alleged that the two had fraudulently used the title deeds for the two properties to secure mortgage loans in favour of Shankuru Estates. She also complained that a Mr Magwere, from the office of the Registrar of Deeds, a Mr Shadreck Beni from Metropolitan Bank and one Mujokoro, a legal practitioner, had colluded with Muderede and his wife in the fraudulent registration of the mortgage bonds over the two properties. The State opposed the application for referral of the matter to this Court and led evidence from the Investigating Officer, Detective Inspector Charles Chirove. The Investigating Officer told the court that a number of factors had contributed to the delay in the prosecution of the matter. In 2008 and 2009 the country experienced a severe economic meltdown which affected the ability of the police to carry out its functions. At one stage the police received reports that Muderede was in South Africa. Because Muderede could not be located the charges against the applicant were withdrawn. Thereafter in 2009 and 2010 the applicant filed reports with the police based on the same facts against Muderede, his wife and other persons resulting in the arrest of Muderede on fraud charges. When both cases were sent to court, Muderede queried why his complaint, which had been filed earlier, was being overtaken by the complaint filed later by the applicant. Muderede even approached the AntiCorruption Commission alleging that the police were giving the applicant preferential treatment. The applicant also harassed the police and even made complaints to Police General Headquarters against the witness and several of his fellow officers. She was saying she wanted to be consulted before the police made any decision on this matter. He told the court he formed the opinion that the applicant was throwing spanners into the works to ensure