Judgment No. CCZ 9/14 5
Const. Application No. CCZ 276/12
(d)
the prejudice to the accused caused by the delay.”
I proceed to consider each of these factors in turn.
THE DELAY
Mukandi told the magistrate that following upon his arrest he got dismissed
from employment in 1998 and at the time he was Deputy Director General. In 2000 he was
advised that he had been pensioned off.
Regarding the criminal charges, his evidence was that he had been arrested on
15 March 1999 together with the other three applicants on allegations of fraud, or, in the
alternative, contravening a section of the Prevention of Corruption Act. They were detained
for three (3) days and, when taken to court for initial remand, were allowed bail. Thereafter
they were remanded to court on a number of occasions up until 31 January 2000 when further
remand was refused and the state was advised to proceed by way of summons.
Mukandi was in Zimbabwe for the rest of 2000 and in 2001 he decided to seek
greener pastures as he was aware that his chances of obtaining employment within the
country were slim. He then applied for and obtained a visa to study in Canada and on
31 July 2001 left the country for Canada.
He told the court that since his last court
appearance on 31 January 2000, there had been no contact from the police or the State in
connection with the criminal charges.
After his studies he obtained employment from 2009 to September 2011 when
he was deported to this country. He had not been made aware in any manner that the
authorities wanted him back to face criminal charges.
When he arrived at the Harare