Controversial Marondera-based businessman Francesco Marconati has approached the High Court after he was denied bail by an Inyathi magistrate on charges of illegal possession of a firearm.
Marconati, who was arrested in Matabeleland North’s Bubi district last Wednesday, is facing serious allegations of contravening section 28(2) of the Firearms Act and the magistrate court ruling could see him spending the Christmas holidays behind bars.
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 several former employees accusing the local police of protecting Marconati.
He has, however, denied possessing unlicensed gun and claimed that the fire arm belonged to DGL5 shareholders.
Marconati’s claim was contradicted by findings of the police’s Criminal Investigations Department, which said the firearm was registered in his name.
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When he appeared at the Inyathi magistrate court on Monday he was denied bail and remanded to January 5, 2026.
The magistrate refused to grant him bail on the grounds that 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.
His lawyers presented a narrative of Marconati’s character and contributions to the community.
"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.
When he was convicted along his son Alasendro for threatening his ex-lover and sentenced to 205 hours of community service each, the two were accused of sending their workers to do the work on their behalf.
Marconati was also once convicted for fraud after allegedly submitting fake CR6s forms, which were never registered with the Deeds Office to several banks to get rid of a business partner.
In 2023, he was sentenced for theft of trust property.
He was sentenced to five years in jail for fraud and forgery before he was released on bail pending appeal by the High Court.
Marconati also has pending court cases over reckless firearm use.
His lawyers said although their client holds an Italian passport, he is not a flight risk and promised to surrender the travel document if he is granted bail.
They claimed he has a medical condition, a serious chronic ailment exacerbated by COVID-19, which necessitates special considerations for his well-being.
The lawyers appealed for “a strict set of bail conditions”, which they said would adequately mitigate any perceived risks.
“To deny him this opportunity is to undermine the very principles of justice that the courts are meant to uphold,” the lawyers argued, underlining the significance of preserving individual liberties unless compelling reasons dictate otherwise.
The case is being closely watched in the Inyathi community where Marconati is accused of endangering public safety.
