Online Reporter
Herald Correspondent
Bulawayo High Court Judge Justice Ngoni Nduna has dismissed an appeal by Marondera businessman Francesco Marconati who was challenging bail refusal by an Inyathi magistrate.
This comes after Marconati was denied bail by the Inyathi Magistrates’ Court on charges of illegal possession of a firearm.
His latest brush with the law followed an incident involving a security guard at his mining company, DGL Investments Number Five (Pvt) Ltd, who allegedly used firearms inappropriately.
The guard was allegedly behind the fatal shooting of a 31-year-old man, Thabo Ngwenya, who was walking to the shops near the businessman’s mine.
Ngwenya was allegedly shot three times on the left side of his chest. Another man was injured on the right arm after he was shot while also going to the same shops.
The shooting incident triggered a public outcry, with villagers and some former employees confronting the local police.
He has, however, denied possessing an unlicensed gun and claimed that the firearm belonged to the mining company DGL5 shareholders.
When he appeared at the Inyathi magistrate’s court last week, he was denied bail and remanded in custody until January 5, 2026.
The magistrate refused to grant him bail because he had “a propensity to commit crimes” and that his release would “induce a sense of shock and outrage in the community.”
In his appeal at the High Court through his lawyers Madzima and Company Legal Practitioners, Marconati said the magistrate’s reasons for denying him bail were unjust. He is challenging the refusal of bail pending trial.
His lawyers argued that the State had failed to establish compelling reasons for his continued detention.
Marconati’s lawyers insisted that the allegations against him pertained to incidents where he had previously been acquitted.
“The State has not proven that he is responsible for the actions of his employees,” his lawyers argued, stressing the need for individual accountability.
“He has resided in Zimbabwe for over 35 years, has no previous convictions, and employs many local citizens,” the lawyers said.
Marconati is not new to controversy in the Inyathi area.
In 2024 Alessandro Marconati was convicted along with his son for threatening to kill his business partner and sentenced to 105 hours of community service each.
The two were accused of failing to follow that order, as they opted to dispatch their workers to do the four hours’ work on their behalf.
Marconati was also once convicted for fraud after allegedly submitting fake CR6 forms, which were never registered with the Deeds Office, to several banks to get rid of his business partner.
In 2024, he was sentenced to five years in jail for fraud and forgery before he was released on bail pending appeal at the High Court.
Marconati also has a pending court case over reckless firearm use.
