THERE was drama in court on Monday as Nevers Mumba almost abandoned the court session after his witnesses strayed during cross examination, turning the court into a comedy as laughter characterized the entire open court session.
The situation forced Judge Newa to continuously admonish the witnesses and the court audience for the circus that ensued.
A visibly annoyed Dr Mumba could not take the testimony of his witnesses as he walked out in the middle of cross examination.
Reuben Sambo who had hastily arranged witnesses who were the discomfort of Dr Mumba as counsel Madaika had indicated that they had remained with one more witness on Friday, a week before, protested the decision by Nevers Mumba to leave as it would scare the remaining witness.
The question of the legal opinion has continuously risen in cross examination, and facts relating to the issue are that the party solicited for legal opinions from four senior lawyers among them a legal counsel for the party through the then National Secretary Mwansa Mbulakulima namely Bonaventure Mutale SC, Sunday Bwalya Nkonde SC, Mutemwa Mutemwa and Friday Besa.
The lawyers explicitly told the party that it was in their considered expert legal opinion that the tenure of office for the NEC which was elected in 2011 was coming to an end in 2016, therefore necessitating for the holding of a regular convention for all office bearers to seek a fresh mandate from the membership.
It is from the legal opinions of the four senior lawyers which did not favor Nevers Mumba that Nevers Mumba dubiously went to solicit for a fifth legal opinion from a junior lawyer Jeah Madaika who he has since been retained as his legal counsel.
Contrary to the opinions of the senior lawyers Madaika was of the view that the convention could be deferred to 2017 so that it coincides with Nevers Mumba’s term which he until now claims was ending in 2017.
Madaika was further invited by Nevers Mumba to the NEC meeting where he went to present his legal opinion in the absence of the senior lawyers who had been engaged by the party to give legal opinion including the legal counsel for the party Friday Besa.
The matter came up in the continued trial in which Dr Mumba’s acting national secretary Winnie Zaloumis has challenged the legality of the May 20 Convention which elected Felix Mutati and the new MMD executive.
Trial in the high court has been adjourned to February 18.