Mutharika’s key witness Ben Phiri contradicts own statement on irregularities in Malawi election case

November 25, 2019 Chancy Namadzunda -Nyasa Times 54 Comments

Malawi Congress Party (MCP) president Lazarus Chakwera’s lawyer Mordecai Msisha on Monday morning dug holes into a key witness to President Peter Mutharika, who is first respondent in the presidential election case,  Ben Phiri’s testimony, as he commenced his cross-examination.

Ben Phiri: My Lady, My Lords tippex was used on tally sheets

Msisha started his cross-examination by inquiring if Phiri discussed anything to do on various irregularities that occurred during the tallying of the votes in the May 21 elections and if the witness and the first respondent had any interaction on the independent auditors report.

Phiri, who was Democratic Progressive Party (DPP) director of election during May 21 polls , told the panel of five judges hearing the case that he discussed with Mutharika on the irregularities but did not discuss about the auditors report.

Although he indicated that he talked with President Mutharika on the use of reserve tally sheets, he said he did not tell him about security features on the said tally sheets.

On the use of  white correctional fluid tippex, Phiri said he understood that it was used to correct mistakes by presiding officers which were committed because they could not understand some terminologies on the tally sheets.

“In relation to use of tippex, did you inform [President Mutharika] that tally sheets had tippex on them,” asked Msisha to which Phiri answer was positive.

Phiri, who is also Minister of Local Government and Rural Development, told the court he told Mutharika that there was misunderstanding of various terminology by Malawi Electoral Commission (MEC) presiding officers hence mistakes were made and needed to be corrected with tippex mainly in the reconciliation part.

“Did you discuss with him [President Mutharika] where this tippex came from?” Msisha asked

“No,” Phiri answered.

However, he could not say that it was the best way of correcting mistakes as the electoral bdy did not officially communicate to parties on how these mistakes would be corrected.

In his sworn statement, Phiri indicated that all duplicate results sheet used were dully signed by all parties monitors, a point which was contradicted during cross examination.

Msisha shown Phiri some duplicate results sheets which were used during the elections before asking the witness to confirm if all monitors for elections signed the documents,which he responded with a negative.

“Do you  maintain that all monitors signed duplicate results sheets that were used?” asked Msisha.

“No with an explaination,” he answered.

During cross-examination by first petitioner Saulos Chilima’s lawyer, Chikosa Silungwe,

Phiri acknowledged that the May 21 elections were marred by challenges that included officers filling in inappropriate boxes of the tally sheets because of failure to understand some terminologies.

He also admitted use of Tippex, duplicate forms and alterations of results on tally sheets by some polling staff.

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54 replies on “Mutharika’s key witness Ben Phiri contradicts own statement on irregularities in Malawi election case”

  3. It shows that Malawi has a lot of lawyers, everyone is giving different commentary on the same statement , the lawyers in colours

  5. The judicial review is not about who rigged the elections. It is about the constitutionality of the elections. The court will have to determine if the use of tippex, the ghost user in RMS, the failure for party monitors to sign for tally sheets, use of fake tally sheets, falsifying of figures was constitutional.

    1. You can say that again!!!
      And there’s already beyond reasonable doubt that such transgressions were rampant, widespread (countrywide) and consistent..

  6. Modecai anali kale kkkk not this time around wakuchepela kabhaa.After all he himself told the court that the case will end in 2025 kkkkk

    1. He never said the case will end in 2025! No! But he complained that at the pace the case was moving it may end in 2025. These are two different statements altogether

    2. I think some people are really useless n u wonder how they manage their families!!! It’s a shame that people make comments without regard to substance….can’t further argue with bulutu

  7. The problem with this case is that everyone is giving his views depending on party colors not facts . Wait for the final judgement not stories you are writing here

  9. Nothing new. Maybe the petitioners ought to have hired independent lawyers to represent them and not their own supporters who happen to be lawyers. They should be very afraid of re-examination.

  10. SIMPLY PUT THE THE LAWYERS REPRESENTING THE PETITIONERS HAVE AN UPPER HAND.THEIR QUESTIONING IS WITHIN LEGAL ACCEPTABLE FRAME WORK AND THUS SOLICITING FAIR,CREDIBLE ANSWERS FROM PHIRI. WA KU JERUSALEM COLLEGE.

    EVEN MA JUDGE AKUCHITA KUMVA KUKOMA PA MAFUNSIDWE A LAWYER WANTHU MSISKA. MBAVA KAPHALE NDI NZAKE MBETA KUFUNSA KWAO KWAU CROOK ATI KUZEMBETSA JUSTICE. MUNYA AGALU INU.

    NDE BEN WAGULITSA GAME APA TU

  11. Mwasiya kuwatchula akuluwa kuti ndi Dr.?
    Kukhalangati mmutumo nzeru ndizocheperapo. tamva mmene akuyankhira mafunso akuluwa
    not very impressive as a ‘Doctorate Certificate holder’

    1. To you even if DPP THIEVES are caught pants down, kupitsa mu mphika (like what happened with the Pioneer Investigation scandal) blatant bribery “your intelligent brain” will ask for evidence beyond reasonable doubt. The problem is not lack of evidence, search????

  18. is there anything Msiska cump must cerebrate here? Desperate for a rerun with no concrete evidence about irregularities eeeish.Remove Chakwera and Chilima fast,and start strategising for 2024

    2. The case in court is not about Peter Mutharika rigging elections, But about the credibility of elections and the opposition lawyers have managed to prove it. And the APM witness has helped the opposition lawyers to prove it. Re-run is coming. Pepa cadet.

      1. Musamalembe in English inuuu..pajatu macadet xul yawo ndimbola….they have no reasoning over data abundance…tiyeni mchichewa tizimvana awa xul njeee

    3. Komadi imweee palibe zomwe akunena apa akanganya wa .Irregulariies will always be there ,its not fraud at all kkk

    5. Even if rerun is ordered, it will be again difficult for MCP to beat DPP on ballot, especially now that the people in the Southern Region know pretty well that there is hatred among the Regions, now they will come in full force defending their region. Not that they are happy with DPP regime , no, but just to defend their region, that’s it.

      1. Jenala know that MCP gas beating DPP all along koma kubera Kwa DPP nkonwe kumaonesa ngati DPp ili nsisupport….. kuwerengatu vote by vote DPP singawIne n they know it

  20. Kodi Mr Msisha can you just grab the bull by the horns, grow a spine and just give us the evidence that APM rigged, otherwise this is utter nonsense. The questions you are asking are fit for the second respondent and are not the 1st.

    1. Is Msisha a Lawyer or witness?KKKKKK Don’t make me laugh.The evidence is only provided by a witness not a lawyer and the lawyer is just there to ask him/her based on evidence being presented in the court by the witness.Hope you have taken note of it.

    2. Quite right. And in his questioning is failing to demonstrate whether the corrections made advantaged APM or any other candidate bcoz this is what all of us are waiting to hear and see.

      1. Follow the court proceedings then you will understand it properly.Were all parties informed about the use of fake tally sheets,duplicate,tippex?The was NO,so why only DPP?Let me stop here first before i make someone feint.

      2. Mr Phiri said tippex was used to correct mistakes made due to monitors not understanding terminology. Now Msiska is making Phiri confirm this statement so he can prove to the court that you can’t change figures because you don’t understand the terminology used. Especially considering that these monitors were trained by mec before they started work using the same documents

    4. What do you mean? Remember this is what the witness himself filed with the court in the sworn statement and the SC is just asking as such

    5. KKK some pple are too funny and you cant play this fun with the 17 million malawians who cast their votes on 21 may 2019. May be you dont understand what it means by the use of duplicates and alterations of results on tally sheets. This is a ploy to subvert the will of pple and this is what is called rigging. What other evidence do you want apart from altering results? Just wait for the court ruling.

    7. It is the duty of the judges to judge that APM rigged or not, Ben must back APM otherwise, APM will find himself in a net.

    8. Hahahahahahahahahahaahahahahahahaest! Koma adha inunso ndiowaza kwambiri. Do u know what this object (Ben Phiri) put in his sworn statement? That z where questions come from.

    9. It is important that you do not comment on issues you least know. What is in contention here in the gist of the matter. The APM camp says the elections were fair and free, while the other camps says it was not and thus they need re run that it. Whether it was APM who rigged it or not the issue is immaerial but whether it was fairly conducted to uphold the status quo

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