Kaphale rips into Suleman simulation as ‘paradox’:  MCP, UTM evidence ‘either hearsay or opinion of witnesses’

Attorney General Kalekeni Kaphale, who is representing Malawi Electoral Commission (MEC)  in the historic presidential elections petition case as Chief Legal Adviser for government, has in final submissions quashed Daud Suleman, an information technology (IT) expert hired by Malawi Congress Party (MCP), who made an elections data simulation in court to indicate that MEC results management system was compromised, saying the testimony was a “paradox”.

The first respondent in the case, President Peter Mutharika through his lead lawyer Frank Mbeta also submits that Suleman did not he MEC results management system (RMS) and that he does not have proper Microsoft qualification and was burnt on misleading the Constitution Court.

In a separate submission, Kaphale said Suleman’s testimony did not indicate or any point that the results transferred in the RMS were inaccurate.

“The witness (Suleman) confirmed in court that he did not exhibit a single result that was not transmitted accurately or any result that was relayed and arrived with data changed was given at all.

“One can only allege a failure where there are negative consequences and not have been proven,” argues Kaphale in the submissions.

In the case, petitioners –  UTM Party president Saulos Chilima and  MCP’s presidential hopeful Lazarus Chakwera – are seeking nullification of the presidential election results over alleged irregularities in the results management system and an order for a rerun.

But Kaphale argues that the petitioners’ evidence was based in either hearsay or opinion of witnesses.

He states that Chilima and Chakwera have failed to substantiate any of their claims.

“In the final analysis, therefore, our submission is that there were no irregularities or other factors that beset the election and that even if any were there, they did not affect the result of the election.

“We, therefore, humbly pray for the dismissal of the petitions, with costs,” Kaphale submits to the Constitutional Court.

Attorney General also rejects the allegations by the petitioners that the electoral body did not deal with the complaints lodged prior to the announcement of the official results.

He said the complaints “lacked evidentiary material to support redress action.”

Kaphale continued: “It will also be noted that even those complaints that received a response have made it into this litigation. Issues like duplicates, alterations, counterfeits were all subject to responded to complaints.”

Both MEC and Mutharika’s legal team have prayed to Constitutional Court to dismiss the petitions with costs for lacking merit, stressing it is an attempt to undermine the will of the people.