Lawyer Msisha objects to character evidence on Chakwera in Malawi presidential poll case

Lawyers of Malawi Congress Party (MCP) president Lazarus Chakwera in the Constitutional Court hearing on the disputed May 21 2019 Presidential Election on Tuesday addressed the court to object to Malawi Electoral Commission (MEC) and Democratic Progressive Party (DPP) lawyers  to cross examine Chakwera and his witnesses on certain areas considered irrelevant such as character evidence on the second petitioner.

One of MCP’s lead lawyers, senior counsel Mordecai Msisha

Senior counsel Mordecai Msisha told the court that the character of witnesses in the matter is not an issue hence no need for such in cross examination.

Msisha also questioned the rationale behind MEC and DPP lawyers wishing to cross-examine each other’s witnesses when they essentially hold the same view in the matter before the court – that is objecting to the annulment of the presidential election results on the basis of mismanagement.

Lawyer Msisha, a constitutional law expert, also asked the court that MCP witnesses should be allowed to “amplify” their sworn statements submitted to court as evidence-in-chief.

Judge Ivy Kamanga asked Msisha to explain the intention to amplify the sworn statement.

He responded by saying that the intention is not to introduce anything new but expound to the court on what the witnesses have already presented to the court in witnesses statement.

Msisha said there is need for the access to correct evidence to be tendered in the court for the courts to make a sound decision.

He said the use of gadgets to “amplify” the sworn statements is not introduction of new evidence.

DPP lawyer Madalitso Mmeta objected to the application, saying the rules of court control evidence by way of directions and thus the MCP application is in violation of clear court rules.

Mmeta argued that the MCP prayer to bring aboard 6 more logbooks in evidence cannot be said to be evidence omitted inadvertently but an attempt to tactfully change sworn-statements.

“There is no winner and no loser in the constitution matter. The Second petitioner should not stop respondents from cross examining their witnesses. There is a fundamental right to be heard and the Court should be slow in the constitutional matter to limit the right to cross examine witnesses of the respondent,” Mmeta said.

Mmeta said no single question has been raised on the character of Chakwera

“But that does not stop us on cross examining [on his conduct] when it is necessary,” he said.

“Cross examination is a tricky business you never know which part of character would be relevant.

“We do not want to shut the door in the event that becomes necessary. That’s why am saying, cross examination can be tricky, you never know,” said Mmeta.

MEC lawyer Tamanda Chokhotho, who also raised objections to the application by MCP, said “there is no reason to panic” on the part of Chakwera.

Character evidence plays an important role in almost all jurisdictions. The character of persons has been used in order to determine cases for centuries.

The character of a person is a summary of his past actions whether good or bad.

The Court has said it will make its ruling on the matter later and the matter was adjourned at 12:10pm.

The case is being heard by a panel of five High Court judges comprising Healey Potani, Mike Tembo, Dingiswayo Madise, Redson Kapindu and Ivy Kamanga.

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tung'ande
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tung'ande

Chakweras character needs to be examined because he behaves more like an embicile. last time he said he can not work with recycled politicians but his party is full mof over recycled people like Kunkuyu, Mia and Harry Nkandawire. Chakwera is fighting tooth and nail because he knows that if he loses the court case his party wouyld be taken over by PP who line up in his executive. Chakwera unknowingly sold MCP to PP and he will regret the move.

Baba Maduapera
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Baba Maduapera

This is utter nonsense!! Is the case about Chakwera’s character or about mismanaged elections? Mbeta ndi anzake akudziwa kuti sangamufunse Chakwera mafunso omupomboneza pankhani ya chisankhoyi popeza umboni onse wazomwe zili mu affidavit yake ali nawo. A DPP ndi MEC mutunda mkodzo wa magazi; chaka chake ndi chino.

Justice Usiwa
Guest
Justice Usiwa

Genius of the best in sections Banking lawyers MSISKA. He has all sections that worked in court history. Character questions would be unnecessary because the nation and the world at large want to know how Peter rigged the elections. President of South Africa has rejected to recognize Peter as President. At UÑGA most Presidents will have opportunity to see and take photos of TIPPEXED,BIG RIGGED, BOOMED ,NIGHTLY TRAVELLING PRESIDENT.

POLITICAL ANALYST
Guest
POLITICAL ANALYST

The case is starting now, all what we have been hearing was preface.kkk. DPP and MEC Lawyers versus Philosopher.

Charie
Guest
Charie

Koma DPP ikulamula nsanje to chitipa brue colour every where.

njpapi
Guest
njpapi

Lawyer Msisha, a constitutional law expert………………………….(CONSTITUTIONAL LAW EXPERT) Awawa ngwamuna weniweni

Top
Guest
Top

What are you hiding about his character. He has been a God fearing pastor all his life. Nothing to hide

TOSH
Guest

MSISKA NDI LAWYER OOPSA EVEN KAPHALE KNOWS VERY WELL ABOUT MODECHAI SANGAMAKE PA AMENEYU, HE IS SO GENIUS

mulozowa banda
Guest

AKHALE OWOPYSA NDIYE BWENZI PANO ATAMUNYENGERA MKAZI ZITHUNZI ZOLAWULA NKUTULUKANSO KUNJA. PAJATU AMAENEYU NDI UJA MKAZI WAKE ANATULUTSA PORNO YOYAMBA MDZIKO LINO NDI CHIBWENZI.

Mwinithako
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Mwinithako

Chindere chakumaliro ichi.MCP ilikumala kare namweee kkkkDada Modecai Musiska was there when Bazuka Mhango was the lead Lawyer in the case of Multiparty Democracy in 1992 kkk

Agenda Setting Theory
Guest
Agenda Setting Theory

Past actions good or bad?

Machendekhwepe
Guest
Machendekhwepe

Kuiopera patali kkk

Burukutu
Guest
Burukutu

Character yavutaaa……Adavomereza u MP omwe anawina which was conducted by same MEC, had Tippex , had dupicates used, yet the petitioner accepted the MP results, but objecting presidential……..of whaich character is the petitioner? could the court trust and accomodate a person of such a character???? MCP ikuoperatu pamenepo……..Chakwera akadakana ndi u MP wake omwe….just shows hes a person with no sound character and cant move the court….