Friday, August 07

Details Emerge On Ginimbi Death

BUSINESSMAN Genius “Ginimbi” Kadungure, who died on the spot along Liberation Legacy Way in Harare, ordinarily known by many as Borrowdale Road, when his speeding Rolls Royce collided head-on with a Honda Fit, veered off the road and hit a tree before catching fire, was with two foreigners who had come for the Saturday night party.

Limumba Karim from Malawi and a Mozambican, who was only iden- tified as Elisha and the birthday girl, Mitchelle “Moana” Umali were burnt beyond recognition after the doors of the Rolls Royce jammed on impact and it took many hours for police and the Fire Brigade to retrieve their remains from the wreckage.

Yesterday, Ginimbi’s sister, Nelia, said her brother was having fun at Dreams Nightclub and had invited his other two friends — Karim and Elisha — to celebrate Moana’s birthday.

I did not meet the two who were involved in an accident with my brother. I only heard him saying he was going to Moana’s party with friends.

“The next thing I get a phone call that my brother was involved in an accident. I am still in shock and it is scary. I arrived at the scene and saw the remains of my brother and his friends. “I am hurt. We were now four in our  family thus, my sister Juliet, myself, Ginimbi and my father Anderson. The funeral wake will be at his Domboshawa home,” she said.

Tinotenda Marimo, popularly known as “Dj Rimo”, who was Ginimbi’s close friend, described the accident as a shock. “It seems mukomana (Ginimbi) was speeding. I am trying to think of how the car exploded and hit the tree. Usually that is his time of going home after partying, the wee hours of Sunday. I am saddened and at a loss for words,” he said.

Ginimbi’s friends, family and other local celebrities and businesspeople gathered at the accident scene as they tried to comprehend what could have happened.

Notable faces included comedienne Madam Boss, Albert Ndabambi, Jackie Ngarande, Thompson Dondo, Keen Mubaiwa and Wanisai Mtandwa (Mahwindo) among others.

One security guard identified as Martin said that he was patrolling the area when he witnessed the accident.

“I always see Ginimbi at this hour (5am) when I finish work and he will be driving to his Domboshava house. Today he had his Rolls Royce and was speeding as usual. I heard a bang and I rushed to investigate. I saw him trying to open the doors with a view to rescuing his friends.

He was struggling to breathe and was visibly shaking. Genius was shouting for help. When I arrived, the car exploded. “The fire was scary and we could not do anything to help.

“Some neighbours gathered at the scene of the accident. We unsuccessfully tried to put out the fire using water buckets and tree branches,” he said.

Ginimbi’s manager identified as Shally said she was deeply hurt.

“I feel like hell. I don’t even know which words to even use. Genius Kadungure has been called by God. He is no more. He was in a terrible accident around 5am and he died on the spot with three of his friends in the car, Karim, Elisha and Moana,” she said.

Moana’s father Mr Ishamel Amuli said he last saw his daughter early last year and was distressed and worried about her partying behaviour.

Speaking at the funeral wake in Highfield, Mr Amuli (58) told The Herald that his relationship with Moana went sour in 2017 when she left her husband.

“In 2017, Mitchelle had problems with her husband, who came to drop their child in Domboshava. Mitchelle later came to pick her daughter and I sat down with her, telling her that I wasn’t happy with her behaviour. I heard a lot about my daughter that she had become a party animal and was featuring in several musical videos. I got angry and slapped her twice and she left home for good.

Last year I saw her, but we never talked much. I am a Muslim and what she was doing was against our religion. Now how do I tell my elders at church and how will she be buried? We are now at her mother’s house in Highfield because I did not fully pay lobola for her mother. I still owe in-laws, but that is a story for another day,” he said.

Mr Amuli said he broke up with Moana’s mother while his daughter was still a toddler.

I quit my job to look after my children. I had five children and Mitchelle was the second born and only girl. She had a daughter named Tyra. I stay in Domboshava in Chirombo Village. I used to hear some neighbours telling me that my daughter was at Ginimbi’s house. Today, was told that she had a birthday party at a night club in Harare and she died on her way back,” he said.

Mr Amuli broke down during the interview. Moana’s funeral wake is at Number 547 Engineering, Highfield.

Burial arrangements will be announced after post-mortem.

Moana featured in several musical videos which include Takura’s popular track “Zvemoyo”, Enzo Ishall’s “Mwenje” and Freeman’s video “Muridzo”.

Apart from being video vixen, she was a fitness trainer.

Burial arrangements for Ginimbi, Karim and Elisha were by last night yet to be announced

 

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DUI Defense Lawyer: Common Legal Defenses in Drunk Driving Cases

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DUI Defense Lawyer: Common Legal Defenses in Drunk Driving Cases

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A DUI arrest is not the same as a conviction. Prosecutors must prove the case, and the defense has the right to challenge the evidence.

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A DUI defense lawyer looks for legal, factual, and technical problems in the government’s case.

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Every DUI case is different. Some defenses focus on the traffic stop. Others focus on field sobriety tests, chemical testing, officer procedure, or whether the person was actually impaired.

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Defense 1: Illegal Traffic Stop

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Police usually need a legal reason to stop a driver.

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Possible stop reasons include:

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Speeding
rnSwerving
rnRunning a red light
rnExpired tag
rnEquipment violation
rnAccident investigation
rnReasonable suspicion of impaired driving

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If the stop was not legally justified, evidence gathered after the stop may be challenged.

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Defense 2: No Probable Cause for Arrest

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Even if the stop was legal, the officer must have enough evidence to make a DUI arrest.

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A lawyer may review:

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Driving behavior
rnOfficer observations
rnSpeech
rnBalance
rnOdor of alcohol
rnField sobriety tests
rnStatements
rnVideo evidence
rnMedical conditions

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If probable cause was weak, the arrest may be challenged.

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Defense 3: Field Sobriety Test Problems

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Field sobriety tests are not always reliable.

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A person may perform poorly because of:

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Medical conditions
rnAnxiety
rnFatigue
rnAge
rnInjury
rnPoor footwear
rnUneven ground
rnWeather
rnBad instructions
rnLanguage barriers

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A DUI lawyer may compare the officer’s report to body camera or dash camera video.

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Defense 4: Breath Test Issues

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Breath testing can be challenged if the machine or procedure was flawed.

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Potential issues include:

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Improper calibration
rnLack of maintenance
rnOfficer certification problems
rnMouth alcohol
rnVomiting or burping before test
rnMedical conditions
rnImproper observation period
rnRadio frequency interference claims
rnTesting outside required time windows

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A breath result is only as strong as the procedure behind it.

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Defense 5: Blood Test Problems

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Blood tests may be challenged based on:

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Improper blood draw
rnContamination
rnChain of custody
rnStorage problems
rnLab errors
rnFermentation
rnTesting delays
rnDocumentation gaps
rnQualified person requirements

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A lawyer may request lab records and review whether the sample was handled properly.

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Defense 6: Rising Blood Alcohol

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A rising blood alcohol defense argues that the person’s BAC was lower while driving and rose by the time of testing.

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This may be relevant when there is a delay between the stop and the chemical test.

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The defense depends on drinking timeline, food intake, body weight, test timing, and expert analysis.

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Defense 7: Medical Conditions

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Some medical conditions can affect DUI evidence.

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Examples may include:

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Diabetes
rnAcid reflux
rnNeurological disorders
rnBalance disorders
rnEye conditions
rnInjuries
rnFatigue
rnAnxiety
rnMedication side effects

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A medical issue does not automatically defeat a DUI charge, but it may explain certain observations.

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Defense 8: Not Actually Driving

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Some cases involve people found in parked vehicles.

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Legal issues may include:

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Was the person driving?
rnWas the engine on?
rnWhere were the keys?
rnWas the vehicle operable?
rnWas the person sleeping?
rnDid anyone witness driving?

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State laws vary on what counts as driving or actual physical control.

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Defense 9: Police Report vs. Video Evidence

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Police reports sometimes make a case look stronger than video shows.

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A DUI lawyer may review:

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Body camera footage
rnDash camera footage
rnBooking video
rnRoadside testing video
rnAudio recordings
rnJail observation video

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Video can confirm or contradict officer claims.

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Defense 10: Constitutional Violations

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A DUI case may involve constitutional issues such as:

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Unlawful stop
rnUnlawful search
rnImproper questioning
rnViolation of rights
rnImproper detention
rnLack of warrant where required

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A lawyer may file motions to suppress evidence if legal rights were violated.

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Final Thoughts

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A DUI defense lawyer does not rely on one-size-fits-all arguments. The defense depends on the evidence.

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Traffic stop, arrest procedure, field sobriety testing, chemical testing, video evidence, and constitutional issues all matter.

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If you are charged with DUI, get the evidence reviewed before deciding what to do next.

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