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Court Correspondent
HARARE High Court judge Justice Happious Zhou has granted US$300 bail pending appeal to Alessandro Marconati, the son of Marondera businessman Francesco Marconati, who had an outstanding warrant of arrest for defaulting to serve a community service sentence.
Community service is normally granted as an alternative to an imposed prison sentence, with the prison sentence being suspended so long as the convicted person performs the assigned task.
The appeal to the High Court is over the conviction and sentence at the Magistrates Court and so the appeal also suspends the community service until the final decision of the High Court sitting as a court of appeal.
Alessandro and Francesco Marconati were jointly convicted of threatening Li Song in March and were ordered to perform 105 hours of community service in Bulawayo.
However, the State issued a warrant of arrest for both for defaulting to serve their community service. Francesco was arrested and remanded in custody for four days pending ruling of the community service inquiry and it later turned out that he failed to serve only 16 hours.
Marconati, who is represented by Advocate Tafadzwa Mapuranga, completed the remaining hours.
Meanwhile, there is an on going investigation by both the Zimbabwe Anti-Corruption Commission and the Judicial Service Commission on the warrant that was issued and used to arrest both accused persons in relation to default of serving community service.
There are complaints that the warrant was improper. The appeal by the two against conviction by presiding trial magistrate Mr Simon Kandiyero is based on what they say could be contaminated evidence after a broken business relationship.
Online Reporter