The High Court struck off from the roll a case in which Prosecutor General Loice Matanda Moyo appealed against the acquittal of businessman Francesco Marconati, who had been charged with fraud.
In the application, the Prosecutor General had cited Marconati and Magistrate Moyo in her official capacity as respondents.
The complainant in the case heard at the Harare Magistrate’s Court is Li Song, who is Marconati’s former business partner.
Court papers filed at the High Court on 24 February 2024 read,
“Take notice that the Appellant (PG) hereby appeals against the acquittal of the 1 Respondent (Marconati) by the 2nd Respondent Magistrate Ms. Moyo after a full trial on the 14th of November 2022 sitting as a Magistrate’s Court at Harare Magistrate’s Court (Criminal) under CRB HREP 11614-5 & 1289/22 where the 1st Respondent was facing charges of contravening four (4) counts Fraud and Forgery as defined by section 136 of the Criminal Law (Codification and Reform) Act Chapter.”
In her court application, she contended that Magistrate Moyo made a legal error by acquitting Marconati and deeming the matter to be civil in nature.
“In respect to count 1 and 3, the court a quo erred at law in acquitting the 1 Respondent and finding that the matter was civil in nature, despite the fact that the court was presented with clear evidence that misrepresentations were made by the 1 Respondent, with two forged CR6s to the Deeds Office, containing false information, with the intention to commit fraud.
“In respect to count 2 and 4, the court a quo erred at law in making a finding that the matter was civil in nature and acquitting the 1 Respondent despite the fact that the court was presented with clear evidence that misrepresentations were made by the 1 Respondent, with two forged CR6s to Ecobank, which CR6s were disowned by the Deeds office as they were never filed with the Deeds Office…”
However on Monday, 3 June 2024, Honourable Justice Zhou and Honourable Justice Chikowero dismissed the application.
The High Court order reads, “Whereupon, after reading documents filed of record and hearing counsel it is ordered by consent that the appeal be and is struck off the roll.”
