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Constitutional law — right to trial within a reasonable time — further criminal proceedings stayed because of delays in dealing with matter previously
In 1986 the accused had been convicted of theft by conversion and theft by false pretences. He was sentenced to a term of imprisonment. He served part of this sentence before being released on bail pending appeal. In 1989 the accused successfully applied to have the convictions and sentence set aside so that the case could be remitted for the adduction of further evidence. The Attorney-General consented to this application. The order remitting it for the hearing of further evidence could not be complied with, however, as the trial magistrate had left the service. The trial could thus not be resumed but could only start afresh.
Held, that in view of the delay in the case it would be unfair to order that the trial start afresh. An order staying further proceedings in this matter was ordered by consent.
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