Former clerk beats govt in theft case

Delivering judgement on Monday, Justice Lot Moroka said that the basis of the application is that there was an inordinate delay that renders the trial fair, the delay induced prejudice to her in the prosecution of her defence and that the delays in her prosecution contravenes section 10 (1) of the Constitution (the right to be tried within a reasonable time) which the prosecution opposes. Moroka said that the first issue to be determined is whether there has been delay in the prosecution as a matter of fact.

“The answer to this question is in the affirmative and then we go to the next question of whether the delay occasioned prejudice to the applicant in a myriad of ways.  To permanently stay prosecution before trial begins requires careful evaluation of the entire conspectus of events from the time the applicant is warned and cautioned of the offence to the time the application is made,” Moroka emphasised.