Law expert says Suleman has turned Malawi election case on its head

Malawian legal scholar based at the at South Africa’s Cape Town University,  Professor Danwood Chirwa has stated that the testimony  by Malawi Congress Patrty (MCP) IT expert and witness in the on-going elections case, Daud Suleman, on Friday was  “hughely devastating”.

Professor  Danwood Chirwa:  Suleman managed to turn the case on its head at this point
Suleman: IT expert who has given ‘devastating’ testimony

He said Suleman’s  simulation in court on how Malawi Electoral Commission (MEC) computerised election result management system (RMS)  was allegedly breached by a ‘ghost’ operator to change the results of the presidential elections in favour of incumbent Peter Mutharika “managed to turn the case on its head at this point” saying “the burden [to prove] has now shifted”.

Said Chirwa: “He so powerfully delivered his testimony with the aid of simulation and demonstration, that he left the judges with a clear understanding of what happened.”

Chirwa said Suleman had demonstrated that the IT system which the commission used was “insecure, was manipulatable and was, in fact, manipulated.”

He pointed out that Suleman demonstrated his expertise by arranging and explaining the simulations and their application so effortlessly.

“He is mega credible,” Chirwa said a witness to second petitioner Lazarus Chakwera.

Suleman further provided evidence to back a theory that the results were not credible.

The law professor said Suleman has shown that the IT system which the electoral body  used was insecure, manipulatable and was in fact manipulated.

“Reliance on it to pronounce the results, he labored to show, affected the integrity of the entire electoral process and final outcome.

“Expert evidence is a unique piece of evidence. The court has to accept it in its totality unless the opposing party produces its own expert to impeach it,” pointed out Chirwa.

Attorney General Kalekeni Kaphale, who is representing MEC, said MEC’s legal team said  the public will hear its response when cross examination starts this Monday afternoon.

But Chirwa said  the witness has set “a very high bar” for the respondent’s expert, who has to prove that the IT system the commission used was impregnable and that it was not in fact breeched.

He said it is always a tough job cross examining expert witnesses.

The law professor said if MEC decide to take Suleman head on, the cross examination could bolster his claims as it can allow him further opportunities to explain the problems with the MEC’s system.

“The wise thing could be to cut the cross short and let MEC’s own expert counter the witness later if they have an equally credible and knowledgeable expert,” he said.

Chirwa said there has been objective material evidence so far as  the petitioners have labored to paint the picture that a considerable number of tally sheets at streams and polling stations were altered, that some were not signed by monitors, that duplicates were used. And that they have shown that the IT platform from which the results were declared lacked integrity.

“Much of the response to the first line of the petitioners’ case has been to concede that these irregularities happened. What those of us outside court can’t work out is what these irregularities translate to in terms of their impact on the result. The commission has practically admitted all these irregularities but has been trying to explain them away by trying to argue that the altered or duplicate sheets were signed by monitors or that their results match other data, or shifting the blame to monitors..” he noted.

Chakwera’s lead lawyer Modecai Msisha said Suleman, who returns to the witness stand this Monday,  had demonstrated clearly how the elections were manipulated, saying the demonstration was “very firm and specific” on its evidence.

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Mwinithako
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Mwinithako

Very subjecting Law expert ever since we saw his comments kkk.Izo nzawo zofanana ndi a Allan Ntata kkk

Shaka
Guest
Shaka

This so called law expert doesn’t like the current government from the word go! as such his comments are subjective. His dearest wish is to see MCP winning the case which unfortunately is a merely wishful thinking.

vavlov
Guest
vavlov

Shaka, be objective. The article is factual, and wonder why you can’t follow the argument. Prepare to cry when your party loses

tung'ande
Guest
tung'ande

The problem is that lawyers and judges are not competent in IT and that is why Sulemani has taken advantage to feed them with trash. I have not seen anything worth celebrating let alone giving the dude standing oviation it just shows how narrow minded most MCP and UTM followers are.

CheChamba
Guest
CheChamba

I FIND ARGUMENTS BY AG KALEKENI KAPHALE TO HIDE BEHIND THE FACT THAT PARTY MONITORS WERE PRESENT WHEN IRREGULARITES OCURRED TO LACK MERIT, VERY EVIL WAY OF THINKING AND NOT BEFITTING AN ATTORNEY GENERAL.AFTER THIS CASE KAPHALE MUST BE FIRED ALONGSIDE JANE ANSAH, MEC COMMISSIONERS AND ONE MUHABI CHISI.

Ziggy
Guest
Ziggy

Kikkkiki bodza Lene Lene

mpilu
Guest
mpilu

why would we hate pitala ,someone we dont know his much past than the then south bend dude, azipita anangobulika awa kuzawakha za acimwene.
grandiose old stinking snorting cow

mpilu
Guest
mpilu

am with you Chiga

TARRIQ
Guest
TARRIQ

Now you save face after all that shit you been talking Chirwa…. kape iwe

msundu wumo
Guest
msundu wumo

should we call this a rerun or fresh election ?

Tizanka
Guest
Tizanka

By the way, where was Zodiak and Times radio getting their “unofficial” results? MEC system? rerun yamasimba

Cairo
Guest
Cairo

All this to have been said and done, the biggest questiob is? When did Suleman realise that the computer system was hacked? Why did he not inform the MEC of the Police or the officials concerned, why wait up to the end? Suleman could be the person behind that but because some people were more crafty than him, thats why he is now spilling the beans. Palibe nkhani apa. Iyeyu was hired by MCP kuti achite hack system, zinamukanika, hence akubwera poyera kukhala ngati iye ndiwa chilungamo and wozizidziwa. Muona what will happen, just wait. Apusa ameneyo when questions begin… Read more »

Tizanka
Guest
Tizanka

kkkkk did you see how he was dealt with during cross examination? Ahahahaha

c chimbatata
Guest
c chimbatata

Koma abambo awa inu! Zoti mayi madando samkamva nthawi imene ija inu simukudziwa?zoti even injunction inatengedwa simukudziwa? Zoti amayi madando analengeza zotsatira just 10min after first injunction was dubiously vacated simukudziwa?
My mother Malawi