Controversial Marondera businessman Francesco Marconati’s appeal against an Inyathi magistrate’s refusal to grant him bail on charges of illegal possession of a firearm has been dismissed by the Bulawayo High Court.
Marconati, who was arrested in Matabeleland North’s Bubi district almost a fortnight ago, is facing serious allegations of contravening section 28(2) of the Firearms Act.
When he appeared at the Inyathi magistrate court last 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."
On Saturday High Court judge Ngoni Nduna dismissed his appeal.
In his appeal, Marconati had 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.