Harare — Mhangura farmer, Robert Mckersie, who last week got a High Court order compelling Presidential Affairs Minister Didymus Mutasa to testify in his land trial, yesterday filed an application for permanent stay of his prosecution at the Supreme Court.

Mckersie, through his lawyer Advocate Thabani Mpofu, is seeking an order from the Constitutional Court to nullify proceedings on the basis that his right to trial within a reasonable period would be infringed.

Mckersie is being charged with refusing to vacate land acquired by the State under the Gazetted Lands (Consequential Provisions) Act after his Chipungu Farm was designated for resettlement.

It is the State's contention that Chipungu Farm is now owned by Government and Mckersie should leave to pave way for the new farmers under the land reform programme.

His trial in a Chinhoyi court came to a halt when magistrate Mr Ngoni Nduna who was handling the case recused himself from the matter a fortnight ago.

According to the law, another magistrate will take over the proceedings.

In the Supreme Court application filed by Adv Mpofu, Mckersie said should the matter be started afresh before another magistrate it would infringe on his entitlement to trial within a reasonable period.

Mckersie submitted that he was initially arrested in 2004 and that charges had been withdrawn on several occasions. He said he had even been acquitted of the same charges early this year.

Mckersie submitted he was now being charged in his official capacity as the director of Chipungu Farm (Private) Limited.

It was submitted that Mckersie had appeared in court on nearly 80 occasions since 2004 and that starting the trial afresh was compounding the infringement of his rights.

"I have been in court for more than five years on such a simple charge. I have not been responsible for the delays or the failure of the matter to proceed to finality," he said.