Chakwera lawyers block MEC ‘strange’ document to ‘ambush’ witness in Malawi poll case

Attorney General (AG) Kalekeni Kaphale who is representing Malawi Electoral Commission (MEC) in an election petition case at the Constitutional Court in which two opposition parties are disputing the presidential election results, was on Wednesday blocked by lawyers for Malawi Congress Party (MCP) presidential hopeful Lazarus Chakwera from using a document not filed with the court to cross-examine the second petitioner’s third witness.

Kaphale, joined by other lawyers, is representing MEC, being government’s chief legal adviser.

Kaphale presented a result sheet document for Rumphi Magistrate Court’s polling station as a reference material. The Attorney General wanted to use the new document in addition to the filed document fro cross-examining Peter Lackson Chimangeni.

But lead attorney for Chakwera, Modecai Msisha SC, questioned the rational of using documents not filed with the courts, saying that was not acceptable in the interest of justice.

Kaphale counter-argued that using an additional document for reference not filed as reference was permissible.

Msiska quashed Kaphale on that, saying the document would confuse the witness because it easy not referenced in the file for him to prepare in advance.

“Using the document that is not in court for cross examination is not allowed. If the court has to allow strange documents, it can ambush the witness,” said Msisha.

“Even if the documents are not disputed, the court should still say it is not in the sworn statement. In any event, the whole idea about the rules of procedure that are in place now is to give maximum disclosure of what each party’s case is,” he said.

“If the documents are not common to all of us, it does create a potentially dangerous situation because cases are about preparation.”

Kaphale conceded and the five-judge panel sustained Msisha‘s objection which led to the Attorney General to proceed with cross-examination without sneaking in the new document.

During cross examination Peter Lackson challenged the Attorney  General that he has evidence in his sworn statements to display how votes were being reduced from those of Chakwera and asked if he could do so, but Kaphale systematically avoided that.

At some point, witness Lackson tried to insist to display his facts but Kaphale kept avoiding until judge Mark Tembo had to encourage the witness not to worry because the evidence is with the court already and should not bother trying to prove a point, as their judgement is not based on their interaction in the cross-examination.

Lackson told the court that majority of results on duplicate forms were different from results recorded on Form 66Cs.

He also told the court that log books will show massive tempering of results. And prayed for the log books to be is played in the court.

The court also learnt theta there were irregularities in a number of centres such as Livingstonia polling centre in Rumphi where Chakwera’s votes had been deducted by 98.

Kaphale has concluded his cross-examination of Lackson and said in an interview that he was satisfied.

“Just like any other cross-examination, you have a plan, a theory and push the theory to realise it and we have just done that,” he said.

Now President Peter Mutharika lawyer Frank Mbeta will cross examine him from two and half days as scheduled by the court.

Kaphale is representing MEC against a petition by UTM Party leader Saulos Chilima and his MC) counterpart Lazarus Chakwera, who applied to the court for the nullification of the 2019 presidential elections results, citing massive irregularities.

Mutharika of the governing Democratic Party (DPP), who was declared by MEC as winner in the presidential race, is the first respondent and the electoral body is the second respondent.

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Justice Usiwa
Guest
Justice Usiwa

Very true,under 45 lawyers never answer calsl ,always they say they are in.court even during odd hours,forget about winning, forget getting your cash if they collect on your behalf.Waste time better involve LEGAL AID just ignore them.

Justice Anastasia
Guest
Justice Anastasia

Malawian lawyers are full of crooks,no subject knowledge,very drunkard. Fail to write comprehensive defense on cases.Best Malawian lawyers are old ones only above 45

Mwinithako
Guest
Mwinithako

The writer is always pro MCP.Whenever he writes he tries to discredit the rulling power in favour of opposition.Nzosadalirika izi kkk

Charie
Guest
Charie

Kaphale ndi machine amphepo mcp mwachwpa

MALAWI
Guest
MALAWI

Some of u ppl u r just commenting without knwng what u r commenting, if u dont follow or understand chizungu jst chut up your stnk probosis!!!!!!!!

Alfred Minjo
Guest
Alfred Minjo

Very much agree!!

Peter
Guest
Peter

I hope there is other people that are crazy with this case they do not know what to say in the comments. Am saying this to these people called Cadets don’t fool yourself take day one of this case up to now there is no even one day of this case come online with Kaphale and Mbeta! Just hope that Kaphale and mbeta are helping you cadets to Sack Dpp money bag. Those case Dpp will not win for sure.

Kaitano
Guest
Kaitano

This boy called Lackson seems to bring fire in this case and he seem to be so courageous I don’t know why? Kaphale should thank the judge for helping this guy not do what he wanted, hai hai hai hai hai! Kaphale akanokodzedwa kikkkkkkkkkk! Thanks to the judge mwamuphula pamoto AG.
Koma Dziko ili! Kaphale vs Lackson?

CRIMINAL MINDED
Guest
CRIMINAL MINDED

During closs examination P Lackson challenged the AG that he has evidence in his sworn statement how votes were being reduced, asked if he could do so, but kayowoye systematically avoided that kkkkkkkkk ((amaopa chiyani???)-ma cadets onse kuti nziiii!!!! In Sme points​ tried to insist to display his facts but kayowoye kept avoiding ((amadzembapo chani ??) Ma cadets onsee nziiii , Until judge encourage the witness not to worry because the evidence is with the court meaning amaona ngati apunsisa makepe wagwa nayoso the court also leart that there were irregularities​ in anumber of center khani iyo ma cadets yambanipo… Read more »

HUU
Guest
HUU

U will cry till Jesus come Re-run or no re-run MCP can not win ngatidi anabeledwa anawachita bwino i don’t like this Crocodile Party . Chipani chonukha blood

Kaitano
Guest
Kaitano

Chonunkha chili mkabudulamo kumbuyoko, stupid. Ifeso DPP siyitisangalatsa. Tiyeni tima Comment tiponyedwa apa. Fwetseki!

Kaitano
Guest
Kaitano

@ Criminal Minded. Your comment has said it all! Do you know kuli all these past elections, these idiots were using the same tricks? Now this time MCP had to bring young brilliant men in the fold to cut the tricks the DPP thought would make Malawians fooled again. The process of election was just ok if at all it was followed properly, that is why Chakwera had to stand and spoke about this, the team Mec didn’t know that this will reveal how stupid they were. Even if the DPP can win the case by tricks and or by… Read more »

Charie
Guest
Charie

DPP ndi chipani chafuko pano aliposo osapota otsutsa ?nde kutsalatu

Kaitano
Guest
Kaitano

Inu, otsogola tiyenazoni

Noxy
Guest

Lackson figures are all wrong, he based his analysis on hearsays.He is a very poor witness who did not bother to crosscheck with his Monitors at the polling station.Kaphale shined.

Kaitano
Guest
Kaitano

Kikkkkkk bodza bodza bodza, this is witness is the last nail of your Kaphale and the team.

Lego
Guest

Stop telling us your rubbish lies.We are all paying attention to the court proceedings.

Hate it or take it but it's a fact
Guest

History is about to be made in concourt this coming December as mec and DPP are about to loose this case and Peter no chance to stand again then Jane Ansah wawutali to Ghana to hide

Then our Malawi will be rebuild again without the Mulhakos being on the driving seat.
I really miss Muluzi though corruption was rampant during his tenure in office but he was Unifying figures. Malawi was one nation during Muluzi time not this time around with these Mashonas.

Bwande
Guest
Bwande

Muzakomoka nazo izi Kuchikonda chipani cha MCP kwambiri -Or atati re-run hate it or take it MCP will not win i can i sure you -Re-run tizalembetsa sopano anthu ambiri kumwela kuti MCP iyone nyekhwe

Malambo Folo
Guest
Malambo Folo

Nkhumba Bwnade do you know what rerun means. Mbuli ndithu

Lazarus Kappata Njikho
Guest
Lazarus Kappata Njikho

Amen.. I love the way you have polished it kkkkkk.
Malawias will unite as Pitala and Ansa finding there way both to Ghana kkkkkkkkkk

Kudo
Guest
Kudo

kkkkkkkk Wautali kuti? Ndi wakwath konkuno

Central
Guest
Central

Waimva kodi, rumours are all over that amayi is failing to stop “mchona” from stopping singing Neddie Mapira’s song: “Ndakhala nanu, pa nthawi yayitali osana ku USA! Ulendo wanga wopita ku USA, ndikaonetsetsa, wayandikilaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa……………………………………………….!!

Kaitano
Guest
Kaitano

@ Central, these guys will not going anywhere, alibe kopita because all traveling documents tidzalanda ndipo we will punish them ourselves in our own Country. Mark my words dude!