The Judicial Services Commission (JSC) has launched an investigation into the alleged unprocedural issuing of a fake warrant of arrest at the Harare Magistrate Court resulting in the incarceration of a Marondera businessman.
Lawyers representing businessman Francesco Marconati reported the matter to JSC alleging that the warrant of arrest was signed by an unknown Magistrate.
JSC secretary Walter Chikwana in a letter dated June 25 signed by Bianca Makwande confirmed that the commission was investigating an abuse of procedure.
The Zimbabwe Anti-Corruption Commission (Zacc) is also seized with the matter, and investigations are underway.
Marconati was arrested soon for contempt of court after he had attended a trial on June 10. He spent four days at Harare Remand prison.
The lawyers said police officers failed to produce a copy of the warrant of arrest, but insisted that copies would be provided at the police station.
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“Francesco Marconati was persecuted only to satisfy the demands and pressures of Li Song and there is reason to believe that the postponements of the matter were calculated to achieve that,” Marconati’s lawyers said in their letter to the JSC.
“As such, we have been instructed, to bring this to the attention of your esteemed authority as the commission responsible and tasked in terms of section 255(1)(a) and (d) of the Constitution of the Republic of Zimbabwe, 2013 to handle complaints of such nature particularly where allegations of abuse of authority are raised and where signs of undue influence are prevalent.”
Marconati was accused of not performing community service.
His lawyers, however, said: “There was no evidence of an inquiry or investigation with the supervisor at Inyathi Police Station charged with supervising Francesco Marconati throughout the period of community service. There was no statement obtained from the supervisor. No evidence of a complaint from the supervisor.
“There was no warrant of detention and certainly that could not be assumed to have been ordered through the warrant of arrest considering that the law separates it.”
Marconati is denying the offence saying he was left with only 14 hours of his 105 hours of the said community service.
The businessman said he only absconded from community service at Inyati Police Station in Matabeleland when he attended another court session in Harare.