Harare regional magistrate Mr Donald Ndirowei has cancelled the warrant of arrest that had been issued against Eagle Italian Shoes director Francesco Marconati.
This is after he noted that the his failure to attend court Wednesday afternoon was not willful as he was needed for another matter that is at the High Court.
Making submissions in court , Marconati’s lawyer Chamu Chingwegangata told the court that as opposed to the State submissions the previous day that Marconati was dismissed at the High Court before lunch break he was still needed there as the matter was only adjourned and resumed after lunch.
Prosecutor Anesu Chirenje had told the court that he had an affidavit of the prosecutor at the High Court who informed him that Marconati’s case was dealt with and was no longer needed there that afternoon.
Consequently a warrant of arrest was issued.
“ Your worship l was personally with the accused person at the High Court in the afternoon together with Advocate Mapuranga.
“By the time we finished our deliberations there a warrant had already been issued.We pray that it may be cancelled as there is documentary evidence that prove that accused was at the High Court on Wednesday afternoon”.
However, Mr Chirenje objected and advised the court to put Marconati in custody pending finalisation of his sentencing.
Magistrate Ndirowei however made a ruling that the warrant be cancelled and that the matter be rolled to tomorrow for pre-sentence hearing.
Marconati was last week convicted of fraud and forgery after he fraudulently removed his business partner Li Song from Eagle Italian Shoes directorship.
Mr Ndirowei said Marconati unprocedurally removed Ms Li Song after falsifying documents that she had resigned from the company.
