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The Zimbabwe Anti-Corruption Commission (ZACC) is under fire after it was reported to the Criminal Investigations Department (CID) for breach of justice after it allegedly protected convicts who were on community service and wanted by the police.
ZACC is accused of protecting one Francesco Marconati and his son Alessandro who were convicted on March,27 this year for threatening their former business partner Li Song with death.
The two were sentenced to perform 105 hours of community service each at Inyathi Police Station and Queens Mine Primary School respectively.
Information emerging is that Alessandro did not perform community service at all while Francesco did not complete the hours directed by the court.
It is reported that Franceco forged the schedule of conducting community service confirming he conducted it while he was attending the court proceedings at Harare Magistrates’ Court on April 22, 23, and 24 as the court ruling stated.
A letter directed to the Chief Director of the CID by Song, states that Willem Adamu the IO of the ZACC Bulawayo office was paid to allow the two to act against a court order.
Song said she filed a request with the community service department as for investigation on the accused default of court order.
During court inquiry, she overheard the accused lawyer giving the Marconati an assurance that they would not be arrested because “their friends” from ZACC were coming to protect them.
The magistrates, public prosecutors and police investigating officers are being threatened by ZACC for performing duties.
“The first accused person Francesco has already been found in default of a court order by the determination made by the Court.
“However, the State is working on appealing against the ruling of that defiance and the matter is yet to be placed before the High Court on review or appeal despite him found to be in default since he is not eligible to community service and actually the accused never conducted any community service not only in Inyati Police Station but also in Borrowdale Police Station.
“The Interrogation, intimidation, and subsequent harassment by the ZACC Bulawayo investigation officer Mr. W Adamu on the Magistrates and JSC officials on the warrant of arrest they issued based on the letter from the community service department after they physically visited the two places.
“His threats and push to record a whole magistrate a statement on why the magistrate presided over a matter and why a warrant of arrest was issued and why an inquiry was done amounts to a serious breach of the law and defeating the course of justice mainly a court order and ruling made on this inquiry,” she said.
Song also said his further intimidation of recording the clerk of courts and magistrate on this inquiry also amounts to a serious interference with judicial proceedings whether it is before or after proceedings.
Adamu is also accused of further interrogating the Public Prosecutor on the same case recording his statement and threatening him with arrest if he didn’t comply.
“Mr. Adamu further interrogated the Police investigation officers on the same case and summoned them to report to Zacc Harare office which now becomes Adam’s private office at the time he wants for any case he was paid to victimise the innocent people inclusive of government officials who are simply performing their duties.
Adamu is also accused of harassing another magistrate who convicted Francecsco in another case.
“The whole judicial management team has been terrified as Mr. Adam has been assigned by Francesco to be at the Harare Magistrate Court since 26 June 2024 and stationed there to harass each and every judicial officer who is handling any cases which Francesco is the accused person,” she said.
Song said ZACC cannot be used to abuse its arresting powers to challenge judicial proceedings and court proceedings.
She said if a party is aggrieved by a decision of the court, he or she can appeal to the court instead of hiring ZACC Bulawayo officer to do it.
Online Reporter