Judgment No. CCZ 9/14 13 Const. Application No. CCZ 276/12 Mukandi holds a Bachelor of Law (B.L.) degree as well as a Bachelor of Laws (LLB) degree. He was fully aware that he faced serious criminal charges. He stated that, even though he had been retired by his former employer, he could have practised law within the country. He however decided that he could further his studies elsewhere and by so doing he removed himself from the jurisdiction of the courts in this country. He obtained a police clearance for his visa application to Canada. Much was made of this process. He might have obtained police clearance for processing his visa application, but what he did not state was whether or not he advised the office of the Attorney-General of his intention to leave the country. This Court cannot reach the conclusion, which the applicants urge it to, that because the immigration authorities and a department within the police force were aware of Mukandi’s departure from the country, then the prosecuting authority was aware of his departure and allowed him to leave. The suggestion that is implied is that the charges against him had been dropped. Clearly the charges had not been dropped and the particular authorities that had an interest in him would not have been happy at his departure from the jurisdiction before the conclusion of the criminal trial. It is a moot issue whether or not the decision by the State not to proceed against the other three applicants in the absence of Mukandi was reasonable in the circumstances of this case. However, sight cannot be lost of the fact that by leaving as he did, Mukandi placed the ability of the State to prosecute its case in jeopardy. He did not clear himself with those particular officers who had arrested him and placed him on remand. As a trained legal mind, he would have been aware that unless charges had been withdrawn after a plea was tendered in court those charges remained pending. It cannot have escaped his mind that at some future time the police would conclude their investigations and he would be