Ndabuda Dee My My Focus Now On Gwanda Wicknell Chivayo On His Acquittal

By Staff Reporter
|
16326
|
September 30, 2021

Businessman Wicknell Chivayo says his “spirit is re-energized” after being acquitted together with his company Intratrek Zimbabwe and vowed that his focus was now “re-aligned towards fulfilling our obligations under the Gwanda Solar Project.”
Magistrate Ngoni Nduna on Wednesday cleared Chivayo on allegations of bribing former Zimbabwe Power Company (ZPC) ex-board chairman Stanley Kazhanje US$10 000 to influence the award of the controversial Gwanda Solar Project.

In acquitting him and his company, Nduna said the State had failed to prove that Kazhanje participated in the decision to award the tender.
“The state is found to have failed to establish a prima facie case against both the accused persons.

“They are both found not guilty and acquitted,” Nduna said in his ruling.

In an interview with Nehanda Radio, Chivayo said he was happy to be acquitted adding that he will make sure the Gwanda Solar Project is completed.

“The court’s ruling is a welcome development and a correct finding that no criminal offense had been committed as alleged by the state. My spirit is re-energized and my focus re-aligned towards fulfilling our obligations under the Gwanda Solar Project.

“I remain steadfast in my commitment towards serving the Nation of Zimbabwe by contributing towards her economic development. I still hold the belief that together with Intratrek Zimbabwe we shall successfully commission 100 MW of clean and renewable energy from Gwanda within the next 18 months. I fully support the vision of our Government and President of attaining a middle income economy by 2030. It is therefore my singular duty to contribute to that vision through implementing this project,”he said.

In his ruling, Nduna said he had no doubt that an accused person whether or not he is represented is entitled to be discharged at the close of the case for the prosecution if there is no possibility of a conviction other than if he enters the witness box and incriminates himself.

He added that failure to “discharge on accused in those circumstances, if necessary mero motu in my view a breach of rights that are guaranteed by the Constitution and will ordinarily vitiate a conviction based exclusively on his self incriminatory evidence.”
Chivayo’s acquittal comes on the backdrop of a major delay for the implementation of a 100 megawatt solar project since its contractor, Intratrek Zimbabwe and ZESA, inked a contract in 2014 and the company was awarded US$5 million.

Category:
News
Crimes Courts

Info News

DUI Defense Lawyer: Common Legal Defenses in Drunk Driving Cases

DUI defense lawyer, DUI defenses, drunk driving defense, DUI attorney, beat DUI charge, DUI case defense, DUI evidence

rnrn

DUI Defense Lawyer: Common Legal Defenses in Drunk Driving Cases

rnrn

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.

rnrn

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

rnrn

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.

rnrn

Defense 1: Illegal Traffic Stop

rnrn

Police usually need a legal reason to stop a driver.

rnrn

Possible stop reasons include:

rnrn

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

rnrn

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

rnrn

Defense 2: No Probable Cause for Arrest

rnrn

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

rnrn

A lawyer may review:

rnrn

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

rnrn

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

rnrn

Defense 3: Field Sobriety Test Problems

rnrn

Field sobriety tests are not always reliable.

rnrn

A person may perform poorly because of:

rnrn

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

rnrn

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

rnrn

Defense 4: Breath Test Issues

rnrn

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

rnrn

Potential issues include:

rnrn

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

rnrn

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

rnrn

Defense 5: Blood Test Problems

rnrn

Blood tests may be challenged based on:

rnrn

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

rnrn

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

rnrn

Defense 6: Rising Blood Alcohol

rnrn

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

rnrn

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

rnrn

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

rnrn

Defense 7: Medical Conditions

rnrn

Some medical conditions can affect DUI evidence.

rnrn

Examples may include:

rnrn

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

rnrn

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

rnrn

Defense 8: Not Actually Driving

rnrn

Some cases involve people found in parked vehicles.

rnrn

Legal issues may include:

rnrn

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

rnrn

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

rnrn

Defense 9: Police Report vs. Video Evidence

rnrn

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

rnrn

A DUI lawyer may review:

rnrn

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

rnrn

Video can confirm or contradict officer claims.

rnrn

Defense 10: Constitutional Violations

rnrn

A DUI case may involve constitutional issues such as:

rnrn

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

rnrn

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

rnrn

Final Thoughts

rnrn

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

rnrn

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

rnrn

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

Space Exploration and the Search for Life Beyond Earth

Space exploration has fascinated humanity for generations, inspiring scientific discoveries and technological innovation. Governments and private companies are investing billions of dollars into missions designed to explore the Moon, Mars, and distant regions of the universe. Advances in rocket technology, satellite systems, and astronomy are expanding human understanding of space and the possibility of life beyond Earth.

rnrn

One major goal of modern space programs is establishing long-term human presence on other planets. Space agencies such as NASA and private companies are developing technologies that could allow astronauts to live and work on Mars in the future. Scientists believe Mars may contain evidence of ancient water systems and potentially microbial life forms that existed billions of years ago.

rnrn

Space exploration also contributes significantly to technological advancement on Earth. Satellite technology supports communication systems, weather forecasting, navigation services, and disaster management worldwide. Medical research conducted in space environments has also improved healthcare technologies and scientific understanding of human biology.

rnrn

However, space exploration faces major challenges including high costs, radiation exposure, and the difficulty of sustaining human life in extreme environments. Long-duration missions require advanced life support systems, reliable energy sources, and protection from cosmic radiation.

rnrn

Despite these challenges, interest in space exploration continues growing globally. Scientists believe future discoveries could provide valuable information about planetary systems, the origins of the universe, and the possibility of extraterrestrial life. Space exploration represents one of humanity’s greatest scientific and technological ambitions.