Zimbabwe businessman successfully challenges conviction, sentence

In a significant ruling, the High Court of Zimbabwe has quashed the conviction and five-year jail term previously imposed on Marondera businessman Francesco Marconati, stating that the lower court had erred in convicting him. Marconati had been convicted on allegations of fraud following complaints made by his former business partner, Li Song, at Eagle Italian Shoes.

The High Court judges of appeal, Benjamin Chikohwero and Happius Zhou, found that there was insufficient evidence to secure a conviction or sentence, ruling in favor of Marconati. The businessman had appealed the conviction, arguing that the allegations were maliciously instigated by his estranged business partner, Song.

In the original case, Marconati was sentenced by regional magistrate Donald Ndirowei to two years in jail, with three years suspended conditionally. However, Marconati was granted bail while he awaited the outcome of his appeal. The High Court judges confirmed that the decision to quash the conviction was based on the lack of evidence to support the fraud charges.

The allegations stemmed from claims by Song that Marconati had forged minutes of a general meeting, which falsely stated that both Song and Agrilink had resigned from the firm. Magistrate Ndirowei had ruled that Song suffered serious financial prejudice as a result of these alleged actions, leading to Marconati's conviction.

Marconati, in his appeal, argued that the charges were part of a broader scheme orchestrated by Song, who sought to punish him for exposing her involvement in a money-laundering scam, fraud, theft of trust property, and attempted murder. However, not all of these charges were pursued in court, with only a few charges remanded for trial.

In a separate legal development, the High Court also quashed another conviction against Marconati, which had been imposed by Harare magistrate Simon Kandiyero. This ruling further strengthens Marconati's position, with the businessman now having won two major legal victories.

Adding to the intrigue surrounding the case, Song was recently deported from Zimbabwe, reportedly on grounds of being a security threat. Her deportation followed a series of legal and financial disputes that have cast a shadow over her business dealings in Zimbabwe.

The High Court's decision to acquit Marconati has been hailed by his legal team, as it clears his name of the fraud allegations and underscores the lack of substantiated evidence in the case. The judges have indicated that further reasons for their acquittal will be provided in due course.