Section 129: Fair trial – Delay – Nolle prosequi – Fresh case—The appellant was

129. Fair trial – Delay – Nolle prosequi – Fresh case—The appellant was arrested on 12 May 1989 and he was, later in the year, prosecuted along with another person for drug offences. That other person had a separate trial and was convicted. He appealed, whereupon a nolle prosequi was entered quoad the appellant in 1992. The other person’s appeal was dismissed in 1994 and fresh proceedings were started against the appellant in 1996. HELD in the circumstances of the case, the 2 years’ delay for the institution of the fresh proceedings, was not in itself of such a nature as to deny the appellant of the benefit of a fair trial. The delay did not, in fact, result in any consequential prejudice to the appellant and did not or could not outweigh the interest of society in bringing the appellant to justice. Gheenah v State (1998).