daniel chigunwe
Fidelis Munyoro
Chief Court Reporter
THE conviction and five-year jail term imposed on Marondera businessman Francesco Marconati for fraud have been overturned by the High Court, with judges of appeal ruling that the lower court erred in its decision.
Justices Benjamin Chikowero and Happias Zhou found no evidence to support the conviction or sentence handed down by regional magistrate Donald Ndirowei.
Marconati had been accused of forging minutes of a general meeting to fraudulently remove his former business partner, Li Song, from their company, Eagle Italian Shoes.
Song alleged significant financial prejudice as a result of Marconati’s actions.
The businessman, however, maintained that the accusations were malicious and instigated by Song, with whom he had a bitter falling out.
He argued that the fraud charges were a retaliatory effort after he exposed various alleged illegal activities linked to Song, including money laundering.
While these claims were not pursued in court, they underscored the acrimonious nature of their business relationship.
Following his conviction, Marconati was sentenced to a two-year effective jail term, with three years of the five-year sentence suspended on condition of good behaviour.
He was released on bail pending appeal, during which the High Court ultimately found no grounds for his conviction, with reasons for the acquittal set to follow.
Complicating matters is the fact that Li Song, who brought the fraud charges against Marconati, was recently deported from Zimbabwe on the grounds of being a security threat.
This ruling comes on the heels of another High Court decision last month, which quashed a separate conviction against Marconati by Harare magistrate Simon Kandiyero.
In that matter, Marconati had alleged collusion between the State and Song to secure his conviction as retribution for his whistleblowing.
Despite a series of charges initially brought against him, including fraud, theft of trust property, and attempted murder, most of the allegations were dismissed or did not proceed in court.
At the same time, it is important to clarify a separate case involving Marconati, which was the subject of an earlier report.
In that matter, Marconati lost his appeal to overturn a conviction and seven-year prison sentence on three counts of theft of trust property.
