Businessman approaches High Court over magistrates ruling

Italian businessman Francisco Marconati has approached the High Court seeking a review of decisions made by two magistrates, arguing that they violated proper judicial procedures. Marconati, who owns Eagle Tanning in Marondera, is challenging the rulings of magistrates Ruth Moyo and Simon Kandiyero, as well as actions taken by the State and the Judicial Service Commission.

Marconati and his son, Alessandro, were previously convicted of disorderly conduct and sentenced to community service at Inyathi Police Station in Matabeleland North. However, Marconati was later arrested at the Harare Magistrates Court by Braeside Police officers, who claimed to have a warrant for his arrest, though they did not initially present it. Marconati alleges that the warrant, issued by magistrate Moyo and shown to him only via a police officer's phone, was improperly handled and did not justify his detention.

Upon his detention, Marconati's lawyers requested evidence justifying the warrant, but key documents were allegedly withheld from the court. Marconati contends that the entire process appeared biased and was orchestrated to ensure his imprisonment. He also claims that magistrate Kandiyero conducted the inquiry into his case with significant procedural errors, disregarding the legal requirements for issuing a warrant of arrest.

Marconati believes the process was influenced by his ongoing disputes with the complainant, Li Song, a former business partner and live-in partner whom he had dismissed from directorship in 2021 due to alleged misappropriation of company funds. He claims that Song has been manipulating legal processes to persecute him and force him to drop charges of externalization against her.

In his application, Marconati argues that the warrant of arrest was invalid and that his arrest and denial of bail were unlawful. He is seeking the High Court's intervention to correct what he views as gross irregularities in the handling of his case.