Ben Phiri’s testimony a distortion of facts, says lawyer Msisha
November 25, 2019
Chancy Namadzunda -Nyasa Times 9 Comments
Malawi Congress Party (MCP) presidential hopeful Lazarus Chakwera’s lawyer Mordecai Msisha – senior counsel – has said President Peter Mutharika’s first and key witness Ben Phiri’s testimony was full of distortion.
Ben Phiri: Enters re-examination
Msisha made the remarks in an interview after he finished cross-examining Phiri, who was Democratic Progressive Party (DPP) director of election during May 21 polls.
Phiri, who is also Minister of Local Government and Rural Development, is one of the two witnesses of Mutharika, the first respondent in the ongoing presidential election petition case in the Constitutional Court sitting in Lilongwe.
“I am okay with the issues that we raised because we have an objective to show that the witness may not have been basing matters that were put in his statement that are made under oath. The statements were not based on factual issues but based on his understanding in what Malawi Electoral Commission (MEC) position was, in so far that understanding suited the first respondent (president Mutharika),” said Msisha.
He added that, “so I think there was a measure of distortion of positions in order to fit the whole evidence into something supportive of the conclusion that he keeps on to assert that there was nothing wrong in the process.”
Soon after cross-examination, Mutharika’s lawyer Frank Mbeta commenced re-examination tackling issues on irregularities such as the use of ‘fake’ or duplicate tally sheets against the originals.
Phiri stood firm that originals were used although not more than 500 duplicates were used in some instances.
In the morning, Msisha started his cross examination by enquiring if Phiri discussed anything to do on various irregularities that occured during the tallying of the votes in the May 21 elections and if the two had any interaction on the indipentend auditors report.
Phiri told the panel of five judges hearing the case that he discussed with Mutharika on the irregularities but did not discuss about the auditors report.
Although he indicated that he talked Mutharika on the use of reserve tally sheets, he said he did not tell him about security features on the said tally sheets.
On the use of tippex, Phiri said he understood that it was used to correct mistakes by presiding officers which were committed because they could not understand some terminologies on the tally sheets.
“In relation to use of tippex, did you inform [President Mutharika] that tally sheets had tippex on them,” asked Msisha to which Phiri answer was positive.
Phiri told the court he told Mutharika that there was misunderstanding of various terminology by MEC Presiding Officers hence mistakes were made and needed to be corrected with tippex mainly in the reconciliation part.
“Did you discuss with him where this tippex came from?” Msisha asked
“No,” Phiri answered.
However, he could not say that it was the best way of correcting mistakes as the Malawi Electoral Commission (MEC) did not officially communicate to parties on how these mistakes would be corrected.
In his sworn statement, Phiri indicated that all duplicate results sheet used were dully signed by all parties monitors, a point which was contradicted during cross examination.
Msisha shown Phiri some duplicate results sheets which were used during the elections before asking the witness to confirm if all monitors for elections signed the documents,which he responded with a negative.
“Do you maintain that all monitors signed duplicate results sheets that were used?” asked Msisha.
“No with an explaination,” he answered.
Mbeta is expected to finish the re-examination on Tuesday morning.
soon ben will tell us that he hold a phd undergraduate degree..
Iddhiot
Xxxxx
4 years ago
To Prof APM, this case is just another class assignment. No wonder our best lawyers are on each others throat for the chance to draft new constitution.
Post
4 years ago
Koma Frank Mbeta nde akunyeya umboni wa MCP ndi UTM. Heh. Ayayaya. Those who are listening to the radios know.
Iwe post !
Bvuto laiwe ndilakuti ukumambva just the opposite. Frank wakoyo ndiamene wanyenyedwa kwambiri.
Just imagine, akuti ma monitors ambiri sanasayine nawo ma result sheets chifukwa akuti anasangalala kwambiri. Kkkk
Anyway I forgive you for attending CDS ( Schools )
These criminals, tribalistics, and terrorists of DPP all they know is to steal Malawians vote and impose themselves on Malawians even when they were voted out. There is no truth in these thugs and tribalistic malhako people. Ben Phiri calls himself a doctor, but he is not a “Doctor” of anything. He lied to Malawians that he has a degree, master degree, and PhD. To check out the facts is that he acquired them at unaccredited institutions which they call them degrees mill universities. You can get your degree in a month. This guy, Ben Phiri is a biggest clown… Read more »
Kaitano
4 years ago
This is all from Jerusalem University. Malawi for sale!
soon ben will tell us that he hold a phd undergraduate degree..
Iddhiot
To Prof APM, this case is just another class assignment. No wonder our best lawyers are on each others throat for the chance to draft new constitution.
Koma Frank Mbeta nde akunyeya umboni wa MCP ndi UTM. Heh. Ayayaya. Those who are listening to the radios know.
Iwe post !
Bvuto laiwe ndilakuti ukumambva just the opposite. Frank wakoyo ndiamene wanyenyedwa kwambiri.
Just imagine, akuti ma monitors ambiri sanasayine nawo ma result sheets chifukwa akuti anasangalala kwambiri. Kkkk
Anyway I forgive you for attending CDS ( Schools )
kkkkkkk You have forgiven him because he attended CDS kkkkkk don’t make me laugh lol
These criminals, tribalistics, and terrorists of DPP all they know is to steal Malawians vote and impose themselves on Malawians even when they were voted out. There is no truth in these thugs and tribalistic malhako people. Ben Phiri calls himself a doctor, but he is not a “Doctor” of anything. He lied to Malawians that he has a degree, master degree, and PhD. To check out the facts is that he acquired them at unaccredited institutions which they call them degrees mill universities. You can get your degree in a month. This guy, Ben Phiri is a biggest clown… Read more »
This is all from Jerusalem University. Malawi for sale!
AMENEYU NDI MORDECHAI MSISKA KUPAMBAZA MAMBA CADET MFANA WA KU JERUSALEM BEN PHIRI
so now is ben phiri is being adressed as ben phiri not DR BEN PHIRI after silungwe has exposed him of having fake PHD hahahahahaha mr ben phiri