MCP Defense Lawyers Demolish Mumba, Others Evidence: MCP 1, Mumba 0

If the MCP was looking for something to celebrate last night, they have every right to do so after following court proceedings in the Mzuzu High Court where their legal team demolished Mumba and his two fellow witnesses ( the Shabas).

In law, they say aggressively questioning the witnesses is aimed at revealing inconsistencies in their written statements against their oral statements. That was well achieved today by Justin Dzonzi.

On many occasions, Mumba looked confused, disoriented and hanging in the air whenever Dzonzi punched holes in his own statements.

All of the three witnesses were taken to a school of law. They could offer different facts on the same point, pointing fingers at each other, suggesting that he or not was forced to sign the document the other said, he was forced.

Did Dzonzi expose weaknesses in the claimant’s evidence, Mumba, VERY TRUE. This is why even his own attorney could not go far with re- examinations.

So here, the defense achieved so many inconsistencies, of credibility of witnesses, and improper handling of evidence.

But the biggest question is did Dzonzi create a reasonable doubt for the judge to believe that the witness has no credibility? On many occasions, it was seen on display that Mumba and his friends lacked that as they produced an alibi.

Producing evidence that they were not at the meeting, (third party), not knowing their own office duties, could not produce parallel evidence to contradict what the defense had brought among others.

Having said that, Mumba is fighting a battle that he won’t win. MCP is a bigger organization than one person.

Taking the party to court is a very serious offence when it comes to Malawi politics. History tells that nobody has won that battle in a very political party in the country..

Here is the summary of the court case:

Justin Dzonzi destroys Mumba in Court; likely to lose the case..

Dzonzi: Have you ever seen the register of Mzimba Central Constituency?

Mumba. Yes

Dzonzi. Have you brought it here?

Mumba. No

Dzonzi. So if you have a case to resolve involving a member of a particular Constituency, which document could be a best reference point.

Mumba. The register of the entire Constituency.

Dzonzi. Do you understand what a first and secondary document means?

Mumba. Yes

Dzonzi. So, in this case, the electoral collage document would be secondary, isn’t it?

Mumba. Yes

Dzonzi. So, if you are to resolve the case, don’t you think the register would be the best reference material.

Mumba. No, with an explanation.

Dzonzi. Please explain.

Mumba. People leave a party time and again, which means referring to the register would be problematic.