Kaphale pins Mkaka on ‘hearsay’ testimony as MCP withdraws witness Chimwendo in Malawi poll case

Attorney General (AG) Kalekeni Kaphale, who is representing Malawi Electoral Commission (MEC), on Monday, completed the cross-examination of Eisenhower Mkaka, the fifth witness of second petitioner, Malawi Congress Party (MCP) presidential hopeful Lazarus Chakwera, in the historic elections case.

Kaphale: Challenged Mkaka on allegation that the election was marred by deceit won the ground that MEC allowed monitoring and that no monitor was able to bring forth a result that was different from those it captured.

Mkaka, who is MCP secretary general, continued with Chakwera’s narrative that they did not see it necessary to bring evidence from political party representatives to testify of any of the candidates’ valid votes had been compromised.

He said this was so because the monitors told them that they had been denied the tally sheets, an allegation Kaphale detested as of dubious validity and outright “hearsay” as no monitor has given evidence on it.

Mkaka conceded that monitors were present at vote counting and could testify on actual valid votes per candidate.

He conceded that MEC had challenged them by its letter of May 25 2019 to back up their complaints relating to alterations, tippex, non standard forms and duplicate forms with tally sheets from monitors that showed different results. Mkaka stated however that they did not even render a single monitor result to MEC to challenge its tally.

Mkaka was cross examined on the tally sheet for Sankhani School in Mchinji and conceded that it was an outlier result for a polling station to have 175 valid votes and 524 null and void votes.

When challenged that this was a very obvious and unique isolated error, and that it was not repeated anywhere else hence the failure by MCP to bring another of such results, he conceded the point.

He also conceded that the fact that MEC displayed and distributed both the correct hand written result sheet and the erroneous tally sheet at its portal meant there was no intention to rig s a rigger would not play his card game face up.

Having alleged that MEC was not giving them tally sheets at the national tally centre, Mkaka withdrew this allegation when it was put to him that he arrived at the National Tally Centre in Blantyre on May 22 and was able to lodge a complaint with MEC based on accessed MEC tally sheets May 23.

The witness’s allegation that the election was marred by deceit was challenged on the ground that MEC allowed monitoring and that no monitor was able to bring forth a result that was different from those it captured.

Mkaka conceded he never visited any polling station and never witnessed any vote counting or tallying. He also conceded the party’s s failure to provide the court with alternative results derived from its parallel voter tally centres.

One of MEC lawyers Tamando Chokhotho said in an interview that Mkaka made statements that were “glaring hearsay” not backed by any evidence.

He said: “There were a lot of  allegation by Honourable Mkaka, most of them are  not supported by evidence and most of them are hearsay.

“We had previously outlines all the statements by the previous witnesses which we consider hearsay and even the judges made an intervention today because Honourable Mkaka’s hearsay evidence was glaring.”

Cross examination of Mkaka continues Tuesday when he will be taken on by Counsel Frank Mbeta representing first respondent, President Peter Mutharika.

Meanwhile lead lawyer representing Chakwera, Modecai Msisha, made an announcement about the withdrawal of one witness Richard Chimwendo Banda, saying the decision has been made to speed up the case.

“We will not be calling Richard Chimwendo Banda [to testify] in interest of expediting the case,” Msisha told the court.

This means after Mkaka, the next witness will be Daud Suleman, an IT expert.

However, Msisha said there is an intervening application which needs to be resolved as MEC has asked the court that Sulemani should not use gadgets from the electoral body to amplify his testimony.

Judge Healy Potani said it is good that Msisha indicated in good time that they will not be calling Richard Chimwendo Banda to take to the witness stand as there is a pending application that has a bearing in a manner in which Sulemani will testify.

The court will make its determination on that.

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Charlie Hebdo
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Charlie Hebdo

Meanwhile the joker that is Kaphale continues his reasoning that indeed there were irregularities but were not enough to influence the outcome of the elections. He admits Sankhani school could be an isolated case MEC’s intention was not to rig but it was a genuine error. What myopic thinking by the AG. We know you want to protect your job KK, but deep down you know you fighting a losing battle.

mpilu
Guest
mpilu

pano a malawi tose tikukhala, kumangidwa olo kupanidwa mu pant ya kaphale

Namalila
Guest
Namalila

ambwiye che Mpilu – munatofulumila kumedze musanatafune eti……kkkkkk

Mtete
Guest

Koma ndiye mwayesetsa a Kaphale. Mwavina kokwanila m’bwalomu. Tawasiirani email avineko nawo. Mungoononga CV yanu. Ansah anaononga zinthu, tiyeni tivomere madzi achita katondo.

amadeus
Guest

To suggest that the Sankkhani tally sheet results is an outlier is a demonstration of a lawyer who is desperate to obstruct justice. Bendulo already demonstrated that this was not a random error in court. Votes were removed from Chakwera, Chisi and Chilima. The same votes were found in the null and void figure. This can only happen if there was a deliberate attempt to do so. If there is a lawyer in this world who believes that this is an error, s/he must be a very evil one!!!

Jenala
Guest
Jenala

Where were MCP Monitors, when such things were happening ??? Kupusa basi!!!!!!!!!!!!!

Namalila
Guest
Namalila

Brovo AG KK – ukutinvetsa kukoma mwana

Mwinithako
Guest
Mwinithako

Kodhi hinhuu hamuThambho ndhi HRDC harikhuthi sahakhuvekha bhwanjhiii???khi khi khi khi khi

Livingstonia Synod
Guest
Livingstonia Synod

Ka shower ka ma bullets anmuthira kaja kadamututumusa. Akaganidziranso ka ‘panel beating’ ka Mayaya ku Blantyre kaja, eeeh! reality of real danger amwene. The HRDC guys have taught Malawians to be angry, savages, bullies, arsonists, rooters, gender-based-violators, rioters and murderers on even petty matters that can be resolved amicably through dialogue. They consider dialogue as ‘kupepera’, so this is it, what goes around comes around. Eeetu eeeeh!

Mwananyanian
Guest
Mwananyanian

Kodi ndi zowona zimene akunena agulista nsomba pa Mtsika wa Lilongwe kuti “Thambho” wathawira ku Canada olo ku Australia?
Panopa ndi o dzunzidwa olo tinene kuti a “refugee”.

tung'ande
Guest
tung'ande

when Nkaka says he can not trust the results from MEC where did he get his figures that made Chakwera win or else MCP was running a parallel election

Fake Petros
Guest
Fake Petros

When petitioners want to display concrete evidence in court that would show beyond reasonable doubt MEC’s grand rigging tricks and election irregularities/ illegalities, DPP/ MEC coalition become cry-babies and use every legal gymnastics possible to block the process. At the same time they claim the rest are hearsays or opinions, etc. Maybe lawyers have real difficulties understanding scientific world. How can basic integers become an opinion? A concrete evidence like a picture, an opinion?

Mwinithako
Guest
Mwinithako

Sir answer my question!!! Sir this a serious issue and its of national interest.Don’t play around tricks here!!You answer that one!!!!!

Eizenhowa Mkaka matama onse psyiti!!! Maso ong’omboka aja ngati mwana wakadzidzi kufota kuti foteee!!!

Nawonso a Richard a milomo yaikulu ngati mulomo wakondomu yaazimai Chimwendo Banda kuionera patali kuti akapusa koposa posa Eizeni howa Mkaka ,angozisiya kkkk!!!

Mamveramvera amkaka asowa zokamba akuti chizungu ngati cha a Chakwera kkkkk chokhala ngati awaveka tthumba akulephera kupuma kkkkk

njonjo njo
Guest
njonjo njo

kkkkkkkkkkkkkkkkkk zoziyamba dala

Atiku
Guest
Atiku

crying babies sankhani school is a killer punch and kaphale will try evrything but will not succeed . bendulo exposed that

Mwananyanian
Guest
Mwananyanian

So, under oath, all that evidence MCP were adamant about is openly and easily being shredded to pieces as a two way shredder does to paper. Not really surprised to most Malawians based on the prima facie flimsiness of the evidence. And Mkaka was really struggling like a fish out of the water; and quickly finding out that the court room, even in this country, is not a political podium where anything can be said without consequence. Good thing the aggrieved have to stick to their original evidence, as presented to the court. And lying in court is heavily sanctioned,… Read more »

MOSHKO
Guest

MADANDO 147 JANE ANSAH SHIT
JEZEBEL !!

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