By Staff Reporter
Marondera businessman Francesco Marconati has petitioned the High Court to declare a Harare magistrate’s inquiry into his alleged default of community service unlawful and to overturn the subsequent ruling.
Recently arrested for allegedly failing to complete 105 hours of community service, the businessman was later released after proving he only had 14 hours remaining and was ordered to finish off the sentence at Borrowdale Police Station.
Marconati, through his lawyers, filed an Application for Review naming Magistrate Ruth Moyo, Magistrate Simon Kandiero, the State, and the Judicial Service Commission as first, second, third, and fourth respondents respectively.
Marconati claims that his prosecution is being influenced by his former business partner, Li Song, who was the complainant in the case leading to his conviction.
“Complainant (Li Song) wants to see me suffer and force me to withdraw charges of externalization which she is facing in the criminal court. I have made it clear that I will not because the case is of national importance and involves funds belonging to the government of Zimbabwe.
“Complainant also wants to force her hand back into the directorship of the company. As such, complainant through her influence has been manipulating systems to her benefit, pushing, inducing and pressurising people to prosecute me when there are no grounds whatsoever,” he said.
The businessman further contends that the arrest warrant was fraudulently obtained as it bears the signature of a magistrate who was reportedly not on duty on the day the warrant was issued.
“The application is made on the following grounds: Respondents, one, some or all of them committed gross irregularities in one of the following; commencing proceedings for an inquiry into allegations of the Applicant’s default of community service on the basis of a warrant allegedly signed by magistrate Moyo on a day when she could not have signed it due to physical absence.”
Marconati highlighted further irregularities during the trial, including the denial of bail and the commencement of proceedings based on incomplete State documents.
“Causing the arrest of the Applicant on the basis of an invalid warrant. Denying the Applicant bail pending an inquiry into allegations of defaulting community service for the reason that he was arrested with a warrant and the law provided for bail only to those arrested without warrant despite no law allowing arrest with warrant under the circumstances.
“Proceeding with an inquiry into default of community service without the annexure stipulating whether, how or when, the Applicant had defaulted in performing community service.”
He further stated that the sought relief was the setting aside of the proceedings and the ruling by Magistrate Kandiero.
“The entire proceedings on the Applicant’s alleged default of community service and the Second Respondent’s decision finding that the Applicant defaulted in the performance of community service be and are hereby reviewed and set aside.”
The matter is still pending.
