Chilima cross-examination with Attorney General ends: Kaphale calls for courtroom decorum
August 14, 2019
Chancy Namadzunda -Nyasa Times 15 Comments
Wrapping up five days of relentless cross-examination of first petitioner Saulos Chilima in the historic elections case, Attorney General (AG) Kalekeni Kaphale told the five-judge panel of the High Court sitting as Constitutional Court in Lilongwe that the audience in the public gallery were murmuring against him.
Kaphale is representing MEC being government’s chief legal adviser.
Kaphale, representing Malawi Electoral Commission (MEC), second respondent in the case, asked for an afternoon recess so that he could work on some affidavits for easy questioning, surprised both the lawyers for petitioners as well as the public gallery when he asked for more time saying he had three more pages of questions, after 5pm when he was supposed to be done.
This did not go well with the public gallery who were heard murmuring in disagreements with Kaphale’s wish.
“My Lord, My Lady I don’t think they believe me,” he told the panel of five judges, to which president Judge Healey Potani asked, “Who doesn’t believe you honorable Attorney General?”
Kaphale then said that it should be noted that cross examining a witness is not a simple job and a lawyer needs all the decorum of court because when the public starts making some noise, it affects the lawyer during the questioning line.
“My Lord, my Lady if I start to be moody then I am afraid that things will go haywire,” said Kaphale
When Justice Ivy Kamanga asked what is better between the audience in public gallery or the court to believe him, Kaphale said sometimes the court determine cases depending on the reaction from the crowd.
Potani later reminded the audience to maintain silence and not behave as if they are at a football ground where they should be cheering teams.
“We have been reminding the public gallery on the importance of maintaining the court’s decorum, the court is at liberty of clearing the gallery anytime it feels so. If this continues, we will identify those who will be making noise and remove them from the court,” he said.
Throughout the grueling questioning, Kaphale has been asking Chilima to confirm if fraud took place through the use of correction fluid, Tippex, which the former Vice President said Tippex was indeed used to correct figures, but was not supposed to be used.
Chilima also admitted during Kaphale’s unrelenting questioning that no monitor for his UTM Party has submitted a sworn statement to the court challenging the results, further stating that if the monitors had alternative results, he would have brought the same to court.
But the first petitioner picked out an issue on original result sheets, citing one case of a fake results sheet he said should also not have been used.
Meanwhile, the court has been adjourned to Friday morning, paving the way for the Supreme Court which will hear the appeal by the respondents Thursday whether to throw out the case or not.
Chilima and MCP presidential candidate in the disputed elections Lazarus Chakwera, as petitioners, are arguing that the tripartite elections lacked credibility and must be declared null and void.
The petitioners, in the case being covered live by some local broadcasters, contend that President Peter Mutharika “won a fraudulent election” fraught with irregularities, including use of correction fluid and being found in possession of results sheets at home.
we dontcare about ur temper or paper dude,all we care is about our vote justice
John Kachapira
4 years ago
“If I start to be moody”. Who do you think should be responsible for your temper? Man up boy Kaphale. This is a national cause but do not think that all are stupid and need to take care of you for you perceive yourself to be the most important person. Arrogance at its peak!!! It is this “I” syndrome that is not helping Malawi.
Firstly, this is not a national cause… Secondly, the court agreed with kaphale. If you having attention deficit, kindly visit the nearest clinic available to you.
Kachapila if we can we see kaphale like the way you see him , we can make new Malawi good for everyone.. kaphale he’s just stupid thinks that ndife mbuli mdziko muno.
Tamper or no tamper elections results were not right the rights of the citizens of Malawi were denied by the commission of electoral and DPP.. we know kuti adabera and judges knows this.
Amupusitsa kaphale there after adzaluza ntchito soon
A Zawadi musamangotenga maganizo a wanthu and court sigamula mmene anthu akuganizirira koma malinga ndi zomwe wodandaula, wodandauliridwa kapena mboni zapereka mu khoti. Muwerenge mmwambamu pamene Chilima mwini wakeyo wanena kuti panalibe zobera ziri zonse ngakhale panali kugwiritsa ntchito tippex chifukwa wapeza tippexyo amakonzera zolakwika pa kawonkhetseredwe ka manambala a katundu wogwiritsidwa ntchito pamalo wovotera so this is what will make judges to determine at the end of the day wosati momwe inuyo mukuganizira ayi bambo. Ugwireni mtima ndipo musakhale ndi mbali iliyonse yoyikhulupira mpaka mulandu uthe ndiye chowona chidziwike kwa tonse ndipo tidzalemekeza zimenezo
Ok We are following
we dontcare about ur temper or paper dude,all we care is about our vote justice
“If I start to be moody”. Who do you think should be responsible for your temper? Man up boy Kaphale. This is a national cause but do not think that all are stupid and need to take care of you for you perceive yourself to be the most important person. Arrogance at its peak!!! It is this “I” syndrome that is not helping Malawi.
Firstly, this is not a national cause… Secondly, the court agreed with kaphale. If you having attention deficit, kindly visit the nearest clinic available to you.
Kachapila if we can we see kaphale like the way you see him , we can make new Malawi good for everyone.. kaphale he’s just stupid thinks that ndife mbuli mdziko muno.
Tamper or no tamper elections results were not right the rights of the citizens of Malawi were denied by the commission of electoral and DPP.. we know kuti adabera and judges knows this.
Amupusitsa kaphale there after adzaluza ntchito soon
Palibe zimenezo inu a Zawadi!
Ndiye kuti simukudzitsata izi. No evidence that Judges know kuti zisankho zinaberedwa.
This is your OPINION. Please don’t be too opiniated akulu inu mwamva??? Zikufunika anthu odzitsata bwino bwino izi….
A Zawadi musamangotenga maganizo a wanthu and court sigamula mmene anthu akuganizirira koma malinga ndi zomwe wodandaula, wodandauliridwa kapena mboni zapereka mu khoti. Muwerenge mmwambamu pamene Chilima mwini wakeyo wanena kuti panalibe zobera ziri zonse ngakhale panali kugwiritsa ntchito tippex chifukwa wapeza tippexyo amakonzera zolakwika pa kawonkhetseredwe ka manambala a katundu wogwiritsidwa ntchito pamalo wovotera so this is what will make judges to determine at the end of the day wosati momwe inuyo mukuganizira ayi bambo. Ugwireni mtima ndipo musakhale ndi mbali iliyonse yoyikhulupira mpaka mulandu uthe ndiye chowona chidziwike kwa tonse ndipo tidzalemekeza zimenezo
You talking point
So sometimes the courts make decision based on the crowds. What will stop them from making decision based one bribery?
Mpira ukatero timati wayambika. Anzanuwo amadzakhosomola ndikubwera mwa kawawa. inu si mwawauza a zeze kuti avomere kuti kunali ma percentage olakwika ndipo iwo avomera. Basop. Chinalakwika kapena chinakhozedwa. Mayi kalanga ineeeeee
Idiot Chilima Bola a Chakwera looks presidential it’s crazy to believe this idiot was CEO I would not even employ him as house boy HE
DONT MAKE SENSE
even your grammar shows how stupid you are……….. useless Cadet
Kodi ziri zonse Cadet basi? Koma Chiswechi nacho. Simudzasintha, ng’ona zakusowani….
Please point out specifically, for argument sense, where @aNNSA does not make sense.
Defend your posting @Madando265.
KOKAKOKAKOKAKOKA……………………..I CANT WAIT TO SEE MR CHINYAU (CHAKWERA) IN THE COURT CHAMBER