Kaphale further tears apart Chilima’s petition in Malawi poll case

Attorney General (AG) Kalekeni Kaphale on Tuesday continued with his gruelling cross-examination to first petitioner Saulos Chilima in presidential election results to  tear apart further his case for nullification of the May results  as the UTM Party leader  said he cannot say that  the contentious correctional fluid Tippex was used for fraud.

Chilima: His witness suffers Kaphale grilling

In cross-examination, Kaphale took Chilima through the issue of monitors and asked the UTM leader if he had  “enough time” to consult his monitors on valid vote counting in the 10 centers which he has raised in his petition.

“Yes we had it,” said Chilima.

And Kaphale asked: “ None of your monitors in the centers challenged the results in any sworn statement.”

Chilima responded “No.”

The Attorney General Kaphale representing  Malawi Electoral Commission (MEC), in his capacity as government’s chief legal adviser, made Chilima confirm that if he had alternative results he would have brought them to court.

“ Indeed if there were alternative results, we would,” said Chilima.

Pressing further, Kaphale asked the  former vice-president that all the ten forms, if  he would indicate where Tippex was used for fraud.

“No. I can only say there is Tippex but I cannot say was used for fraud,” Chilima said.

Kaphale in the afternoon continued with cross-examining Chilima mostly focus on elections results tally sheets.

Kaphale: You will agree with me that all forms were signed by your monitors.

 Chilima: That is true.

Kaphale: You have been with these forms since June?

Chilima: That is also true.

Kaphale: You agree with me that no monitors who were on the ground have challenged these results?

Chilima: That is also true.

Kaphale: You confirm that its only Gift Chemadi who has challenged his signature.

Chilima: That is true.

Kaphale: We agree that even him is only challenging his signature and not the results? Chilima: That is true.

President Peter Mutharika, who was declared by MEC as winner in the presidential race, is the first respondent and the electoral body is the second respondent.

Malawi Congress Party  (MCP) leader, Lazarus Chakwera,  is second petitioner.

Both Chilima and Chakwera are arguing that the May 21 Tripartite Elections lacked credibility and must be declared null and void.

The petitioners contend that Mutharika “won a fraudulent election” fraught with irregularities, including alleged stuffing of ballot papers with pre-marked ballots, tampering with election results sheets through correctional fluid called Tippex, and being found in possession of  result sheets at home.

So far the Constitutional Court  presided by the five-judge panel of Healey Potani, Mike Tembo, Redson Kapindu, Dingiswayo Madise and Ivy Kamanga has not heard of any touted “overwhelming evidence” from the petitioners.

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Nambuma Girl
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Nambuma Girl

Anthu osazindikiranu mukhoza kuona ngati mulandu is in the favour of DPP and MEC, but wait, the dance is yet to come. You will be surprised how things will turn out to be.

Igwe
Guest
Igwe

I think people are missing it…the electral process starts from somewhere and ends somewhere.This issue will heat up ikafika nthawi ya MEC………These guys can miss it ku polling station koma they can get it right after votes were sent ku MEC

vincent chigalu
Guest

Join the discussion…lakula ndi jelasi poti munthu samakondwera nzake akamalamulira.Amafuna ali iwo

vincent chigalu
Guest

Join the discussion…masankho anali a mtendere

Chittanooga
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Chittanooga

Next to be grilled will be other witnesses who may end up not contradicting themselves. However, it is a hard time to be grilled by a lawyer who has come to court with a set questions which he had allocated ample time to go through them in the comfort of his office whilst referring to relevant pieces of legislation and electoral law text books. As it is its a legal battle that may end up either way …

President Mkango Lion Manthakanjenjemereza
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President Mkango Lion Manthakanjenjemereza

And further most of the monitors are PLSC and JCE drop outs. Can they know that it is illegal to used tippex and complain. Even some educated guys dont know that using tippex on security documents is not allowed encluding you Kaphale. Try to go to bank with tippexed cheque, if you will not be arrested or rejected at minimum. Every Chartered Accountant knows it. Bankers know it. Even some brilliant lawyers know it.

President Mkango Lion Manthakanjenjemereza
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President Mkango Lion Manthakanjenjemereza

If we can interrogate Kaphale
1. Is it allowed to use any tippex on any security document? e.g. Cheque, voucher, poll results etc
2. If MEC denies the provision of tippex, who provided it, can Kaphale tell us.
3. If Tippex was used who can determine whether it has not changed the results due to small percentage differences.
4. If tippex can even change .005% and change in favour of the opposite, is it true and fair. Therefore Kaphale is falling to statistical fallacy here.

Lego
Guest

What overwhelming evidence do you want?

mulumuzana
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mulumuzana

mavoti anaberedwa koma mukuti pang’ono….kodi mukuti uyu APM adawinai adasiyana mavoti ochuluka bwanji ndi wachiwiri wake….mapercentage akunenedwawa ndiamacentre not the number of people who actuallyvoted in these respective centres….oluza sadaluze powerengesela mmacentres koma powerengesera anthu omwe adavota…can we have the number of all those voters from these few negatively affected centres?…TIKUVOTANSO BASI

ben 10
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ben 10

long life kaphale you shall not die chilima ndi tambala uja akusokoneza malawi wabwinoyi aziputa koma alibe mfund choncho angayendese dziko