Court declares UTM witness Gwalidi evidence hearsay

Hearing of the landmark but divisive presidential election case continues in Lilongwe with Mirriam Gwalidi, a key witness for UTM Party presidential candidate and first petitioner in the case Saulos Chilima disowning a seven-page document which she was told to read in the court.

Miriam Gwalidi: UTM Party’s key witness

During the hearing of the case on Tuesday, chairperson of the five-panel judge hearing the case, Healey Potani on behalf of panel of five judges—Redson Kapindu, Healey Potani, Dingiswayo Madise, Ivy Kamanga and Mike Tembo—declared that part of the evidence which Gwalidi provided in the court was hearsay.

This was during cross examination when lawyer for Malawi Electoral Commission (MEC) Tamando Chokotho pinned down Gwalidi on her documentary evidence during the inspection of a MEC ballot warehouse.

Gwalidi had disowned a seven-page document which she was told to read in the court which was compiled during the inspection of the ballot warehouse.

The UTM witness said she did not author the document herself prompting Chokotho to ask the court to disregard the evidence.

In his line of cross-examination, the MEC lawyer sought to solicit a confession from Gwalidi that any evidence collected during the exercise was inadequate to cast doubt on the validity of the election results.

Potani ruled in favour of Chokotho after lawyer for UTM Bright Theu protested but the Constitutional Court judge ordered that the document remains part of the sworn affidavits for record purposes.

Lawyer for UTM Khumbo Soko clarified outside the court that the said document was authored by another UTM monitor who was part of the team that inspected the MEC ballot warehouses.

Meanwhile, the MEC team have finished cross-examining Gwalidi  and lawyers of President Peter Mutharika have taken over to cross examine  the UTM witness.

MEC will cross-examine all 38 witnesses for Chilima, the first petitioner, as well as 16 witnesses for Malawi Congress Party (MCP) candidate Lazarus Chakwera, who is the second petitioner, according to Chokhotho.

Chakwera and UTM  Chilima, who came second and third with about 35 percent and 20 percent of the presidential votes, respectively, are challenging the re-election of President Peter Mutharika who won the elections with 38 percent of the vote.

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Justice Usiwa
Justice Usiwa
1 year ago

That is not true, judges have not commented yet .The writer has just been paid by Peter’s cadets.

ayaka
ayaka
1 year ago

APM WOYEEEE…….I PRAY FOR YOUR GOOD HEALTH, YOU WILL LIVE LONG..YOUR ENEMIES : CHAKWERA, CHILIMA, MTAMBO TRAPENCE ARE SLOWLY NOSE DIVING TO SELF DESTRUCTION. THESE ARE MARKS OF A BEAST, THE EVIL MASTERS OF THE LAND. GOD IS SLOWLY BUT SYSTEMATICALLY PUNISHING THEM

Mwe'ene
Mwe'ene
1 year ago

Koma abale eh, this whole saga so far has been harsh for “HARDtalk” Chilima, the former Vice President of this country. Gwalidi wafinyidwatu apa basi. And Chilima himself did not do any better under cross examination on this same case. No evidence: Kutayisa nthawi.
And Ms. Gwalidi’s evidence, or lack thereof, has dealt a serious body blow to Chilima’s and UTM’s case. Simple as that.
Legal practitioners, like judges, follow legal principles and evidence; not hearsay!
Asa.

phillips wanga
phillips wanga
1 year ago
Reply to  Mwe'ene

BODZA ILI

Innoxy Charles
Innoxy Charles
1 year ago

Understanding seems to be a Problem.The court said that part of the evidence from gwalid is hearsay and this is true because some of her evidence is from other monitors, in this case it is just like a rumour because she was not an eye witness in other tally centres.However, this doesn’t mean that her evidence is not strong enough.

Analyst
Analyst
1 year ago
Reply to  Innoxy Charles

Hearsay is hearsay. We have understood the article. Don’t panic with your explanations.

Jason Bailer
Jason Bailer
1 year ago
Reply to  Innoxy Charles

Is she not the “Principle Witness?” As the main witness in the ongoing court hearing it is pointless to talk “Za m’maluwa”. Its like the Petitioner: Dr. S. K. Chilima saying he doesn’t know why he is found in the dock and yet he is the one who called the tune. These guys should start thinking of losing the case and how they are going to pay costs toward the whole process – which obviously should be in millions. Too bad.

zegede
zegede
1 year ago

Kutsatira mwachidwi

Joloza
1 year ago

A Chilima kupanga phokoso lopanda pake. Zituleni pansi izi umboni mulibe matama basi. Kufuna kusokoneza dziko basi.

Charie
Charie
1 year ago

Zoonadi mpaka pano anthu sakukhulupirilabe kut mtsogoleri ndi APM.zochititsa manyazi kwambiri pot chilungamo chafika . Mwakhara mukulenga ifa ya APM koma ayi mulungu simunthu Kapena kut chakwera munaphera.yafika nthawi yazisankho munalepheraso koma ayi ndithu osavomereza kut ndi inu oluza.palibe chabwino chomwe mungayankhure kwa Professor koma chosecho zabwino mukuziwona,,kodi kuyamikira Mesa ndikwabwino kut munthu adzilimbikira.koma ayi sazindikira kut utsogoleri ndi mphatso yamwini wake Mulungu.pano chilungamo chafika zayehova ndi pang’ono pang’ono pang’ono.

Chingaipe
Chingaipe
1 year ago

Jane also announced results not authored by her sel … she annonced hersay too

mulokhowalomwe@gmail.com
1 year ago

The best solution is better to share the nation -and for your own information we cant bowdown to Lomwe pple came to Lilongwe through molele vehicles and their income is very low ,
THey don’t have any cash crop whom one can think that these pple are doing fine -MBAVAMBAVA KWAO GULE FULL STOP AND SITILOLA MCHEWA AKAULIDWE NDI MLOMWE ULENDO UNO ZERO

Shonai
1 year ago

Ali nazo nazo ndalama zolipirira maloya ndi aumboni wa mmanyuzi.Zidyereni mbulizi ndipo mudziwachaja prepaid.Osawasiya ntchito ikusowa.Kumene zikuloweraku ayamba kukanukana ndi kukanirana/kuthawana.Ayamba kale.

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