Chilima lawyer say Gwalidi credible witness, Mutharika lawyer differ: ‘She failed to demonstrate irregularities had effect on Malawi poll results’
President Peter Mutharika’s lawyer Frank Mbeta has said Mirriam Gwalidi, one of the key witnesses in the historic presidential elections petitions case, failed in his testimony to demonstrate how alleged irregularities had any effect on the results of the May 21 presidential election.
Gwalidi, who supported Chilima’s petition to have the results nullified and an order for a rerun, faced a number of lawyers in heated cross-examination, including Attorney General (AG) Kalekeni Kaphale and Tamando Chokotho for MEC; and Frank Mbeta and former AG Charles Mhango for Mutharika.
She has left the witness box after Chilima lawyers finished with her a friendly re-examination on Thursday.
While lawyer Bright Theu of Chilima who re-examining Gwalidi was struck a positive tone that she has been very effective and credible witness to prove irregularities in her testimony, the legal counsel for President Mutharika, Mbeta has begged to differ.
Mbeta said Gwalidi was not able to convincingly explain how some irregularities on certain documents had altered results of the elections.
“When you talk about irregularities you must look at the effect that alleged irregularities has on the outcome.
“Gwalidi was brining only one set out of documents, other documents were available. In our view, Gwalidi has failed to demonstrate that the alleged irregularities had any effect on the results of the elections,” he said.
Before the court adjourned on Wednesday afternoon, lead lawyer for Chilima Dr Chikosa Silungwe informed the Constitutional Court that “as far as they are concerned, Gwalidi is the final witness to be cross examined by MEC lawyers” as per their checklist submitted to the court.
“As far as we are concerned, we are done with MEC because as per their August 26 amended checklist that was submitted to the court and to us on August 27 which indicated that the second respondent will only cross examine two witnesses, Dr Saulos Chilima and Miriam Gwalidi,” he said.
This meant that the third witness to stand in the dock Darlington Ndasauka is to be cross examined by only lawyers for Mutharika.
However, Kaphale stood up and informed the court that there was an anomaly which happened and asked to be corrected by Friday morning with a fresh checklist, a notion which Silungwe couldn’t swallow.
President Judge Healy Potani had to come in and directed that the court will determine the way forward Friday morning on whether MEC will be allowed to cross-examine witness Ndasauka.
As Gwalidi was bidding farewell to the witness box with her steadfast testimony, she surprised the gallery when she told the court that on May 17, few days before the polling day, MEC Chairperson Justice Dr Jane Ansah told party representatives and stakeholders that they will not accept anything that has tippex on it.
“We were assured of tippex free elections,” said Gwalidi who said she will miss the time in the witness dock.
Throughout her testimony, Gwalidi has been asked about electoral irregularities such as use of tippex, duplicates and misplaced tally sheets.
The petitioners contend that Mutharika “won a fraudulent election” fraught with irregularities, including alleged tampering with election results sheets through correction fluid, popularly known as Tippex.
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LONG LIVE GWALIDI + OUR MDF +HRDC + JUDICIARY ### SALUTE !!
Company ya Mbeta pa Keza is just full of girlfriends and concubines.
Almost all women have slept on the floor and if you have a wife or girl working there,I am too SORRY
Koma ma cadet nkhaniyi akuitsatila bwino bwino…………………………………….!! Adadi mukuwawuza zimenezi!! Timkangokumvanitu koyambilila kuja mukusokosa……………….. inu mumaona ngati zija zachiwembu ndi kuba mumapanga zija nthawi yowelengela ma voti zithela momwemuja etiiiiiiiiiiiiiiiiiiiiiiii …… Mulungu wakana ndipo sizidzathekansooooooooooooooo zomakhala president mu Malawi muno munjila zakubaaaaaaaaaaaaaaaaaaaaaaaa! Manyazi anthu inu mulibeeeeeeeeeeeeee!! Mukanakhala kuti umunthu muli nawo, zoona zake ndikuti mukanavomela kale kuti there should be a re-run!! Nde popeza mwakakamila tiyeni nazoni, koma mudziwe kuti mukapezeka akuba pa nkhaniyi ndiye kuti mulandu wa “kuba boma” udzatsegulidwanso ikatha nkhaniyi!!
Sheeeeeee @ central, ,,,, you are right, kulamula a Malawi mopanda chilolezo, kukhala m, boma mwakuba. The case will be opened seriously!
Gwalidi be my wife please.
Mr Mbeta, the legal definition of irregularity is: Violation or non observance of established rules or practice. It may also mean the behaviour that amount to breach of a rule or custom. it can also be an improper or dishonest conduct. Am sure all what we have heard about these elections fits within these definitions. This case does not even need a lawyer to know what really happened.
That very true…. If i witness somebody being slapped, I can be witness in a court of law, but I am not supposed to measure the pain of the victim of the slap.
Inde inu, tell them!
This is where Frank Mbeta is showing his lack of following the proceedings of the court. If Gwalidi showed the court how these irregularities affected election results, would he ( Mbeta), not have objected to that( as forming an opinion which is the exclusivity of the court?).
Did this boy go to Chanco or Zanzibar for law school? I am beginning to wonder now
She is a natural beauty too. Give me her number!
usavutike akudya zimenezo ndi Arafat Hamdan. Munthu ameneyu anamaliza akazi ku Airtel. What he know is sniffing , women and beers.
U r a big fool, u havent realised that these modern cameras lie a lot, u will be surprised to see physically how she looks, sizimene ukuona apa izi ai.
FAROOK MBETA ZIMENE AMATHA IYE NDIKUBERA AMWENYE IZI SANGAZIKWANITAE NDIZOPOSA MSINKHU WAKE
Also heard about it from one of his office mate