News / National
Zimbabwe businessman loses appeal
22 Nov 2024 at 06:55hrs | Views
Marondera businessman Francesco Marconati has failed in his bid to overturn a two-year jail sentence for fraud, following a ruling by the High Court that upheld his conviction and punishment. However, the court adjusted the restitution payment, ordering it to be made in local currency rather than United States dollars.
Marconati was found guilty on two counts of fraud after he unlawfully removed his business partner, Ms. Song Li, from the directorship of Eagle Italian Shoes by falsifying documents about her resignation. His original sentence was five years, with three years suspended on condition he reimbursed Ms. Song Li for her financial losses.
The High Court ruling, delivered by Justices Happias Zhou and Benjamin Chikowero, dismissed Marconati's appeal against the conviction as "meritless and unable to succeed." The prosecution had sought to return the matter to the lower court, arguing Marconati had violated company laws. However, the judges found no merit in this submission.
Limited Grounds for Sentencing Appeal
In addressing the sentence, Justice Zhou noted that appellate courts have limited authority to interfere with punishments unless it is proven that the sentencing court misapplied legal principles or imposed a penalty grossly disproportionate to those in similar cases.
"We were not referred to any case upon which that contention could be founded or sustained," said Justice Zhou. "The established principle of the law is that appellate jurisdiction to interfere with punishment is not discretionary but, on the contrary, is very limited."
The court found that the trial court had carefully considered both mitigating and aggravating factors when determining the sentence. "In this case, we find no misdirection," said Justice Zhou.
Restitution Adjusted to Local Currency
While upholding the sentence, the judges acknowledged an error in the trial court's directive for restitution to be paid in US dollars. They ruled that the amount should instead be paid in Zimbabwean dollars, consistent with local laws.
The High Court ruling brings an end to the case, confirming Marconati's two-year custodial sentence for defrauding his former business partner.
Marconati was found guilty on two counts of fraud after he unlawfully removed his business partner, Ms. Song Li, from the directorship of Eagle Italian Shoes by falsifying documents about her resignation. His original sentence was five years, with three years suspended on condition he reimbursed Ms. Song Li for her financial losses.
The High Court ruling, delivered by Justices Happias Zhou and Benjamin Chikowero, dismissed Marconati's appeal against the conviction as "meritless and unable to succeed." The prosecution had sought to return the matter to the lower court, arguing Marconati had violated company laws. However, the judges found no merit in this submission.
Limited Grounds for Sentencing Appeal
In addressing the sentence, Justice Zhou noted that appellate courts have limited authority to interfere with punishments unless it is proven that the sentencing court misapplied legal principles or imposed a penalty grossly disproportionate to those in similar cases.
"We were not referred to any case upon which that contention could be founded or sustained," said Justice Zhou. "The established principle of the law is that appellate jurisdiction to interfere with punishment is not discretionary but, on the contrary, is very limited."
The court found that the trial court had carefully considered both mitigating and aggravating factors when determining the sentence. "In this case, we find no misdirection," said Justice Zhou.
Restitution Adjusted to Local Currency
While upholding the sentence, the judges acknowledged an error in the trial court's directive for restitution to be paid in US dollars. They ruled that the amount should instead be paid in Zimbabwean dollars, consistent with local laws.
The High Court ruling brings an end to the case, confirming Marconati's two-year custodial sentence for defrauding his former business partner.
Source - The Herald
