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Marondera businessman successfully challenges conviction, sentence

High Court judges of appeal Benjamin Chikohwero and Happius Zhou there was no evidence to secure a conviction or sentence.

HIGH Court judges of appeal have quashed the conviction and five-year jai;l term imposed on Marondera businessman Francesco Marconati saying the lower court erred in convicting him.

Marconati was facing allegations of fraud which were reported by Li Song, his former business partner at Eagle Italian Shoes.

The businessman argued in his appeal that the allegations were malicious instigated by his estranged business partner.

High Court judges of appeal Benjamin Chikohwero and Happius Zhou there was no evidence to secure a conviction or sentence.

After his conviction by the regional magistrate Donald Ndirowei, Marconati was sentenced to a two-year effective jail term after three years were suspended conditionally.

Marconati was only released from jail on bail pending  appeal.

The judges said the reasons for acquittal will follow.

Magistrate Ndirowei had ruled that Song suffered serious financial prejudice after Marconati allegedly forged minutes of a general meeting and stated that the complainant and Agrilink resigned from the firm.

Last month the High Court quashed another conviction by Harare magistrate Simon Kandiyero against Marconati.

In his appeal, Marconati argued that the State had connived with the complainant, Song, to have him convicted as punishment for exposing her money-laundering scam, fraud, theft of trust property, attempted murder but not of the charges progressed with only a few charges remanded in court.

Song was recently deported from Zimbabwe on grounds of being a security threat.

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