HIGH Court Judges of Appeal have cleared Marondera businessman, Francesco Marconati, after his former business partner reported him for fraud and forgery.
Justices Happius Zhou and Benjamin Chikowero struck the matter of roll after the National Prosecuting Authority attempted to resuscitate the case.
The case had been dismissed for lack of evidence by magistrate Ruth Moyo.
Marconati was reported for fraud by his former business partner, Li Song, after he removed her from the company directorship on allegations that she was externalising company funds to Mauritius.
Song is facing allegations of externalization, fraud, theft and money-laundering after she allegedly siphoned most of the company funds to offshore accounts where she had registered a company called Jacaranda Consulting Services which she is allegedly the sole director.
The charges against Marconati were viewed as counterclaim against the Marondera businessman.
During the trial, Marconati was jointly charged with his son Alessandro, John Tunga and Cawethy Consulting Services. They were, however, acquitted.
Aggrieved by the acquittal, Song appealed the decision against Marconati.
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While the appeal was pending, the NPA also opened a case to charge Marconati alone.
In their appeal, the NPA argued that it had presented clear evidence against Marconati, hence he should be convicted.
The state also argued the magistrate erred in finding that the matter was civil.
However, the judges of appeal struck the matter of the roll with reasons to follow.
According to court records, Marconati and accomplices were being accused of unlawfully misrepresenting to Ecobank by tendering fake CR6 forms in respect of Eagle Italian Shoes private limited notifying them that she had resigned.
However, Marconati was acquitted by the lower court.
