SKC lawyers object to AG’s line of questioning: Kaphale says Chilima ‘overly protected’ in witness box at Malawi polls case

Lawyers for  the country’s immediate past vice-president Saulos Chilima, the first petitioner in the historic presidential elections nullification petition case,  have  objected to the line of questioning by Attorney General (AG) Kalekeni Kaphale, saying he was asking UTM Party president in witness boss on matters of laws.

Kaphale continues cross-examination of presidential candidate Saulos Chilima.

Kaphale, in his capacity as government’s  chief  legal adviser, is  representing Malawi Electoral Commission (MEC) –  the second petitioner – said he was taking “ a light manner “on the irregularities  Chilima has cited in his petition.

“Your petition lack a monitor challenging results at any polling station confirms that you have no issue on the polling other than other issues,” Kaphale asked Chilima, adding “You are challenging other matters not the figures.”

But laywer  Bright Theu rose to object to proceedings , arguing that  Kaphale was asking Chilima to make inference instead of stating facts.

Another lawyer Marshal Chilenga also objected that Kaphale was  asking Chilima on matters of the law which he said should be dealt by lawyers in the matter.

But Kaphale said Chilima’s legal team was “overly protecting their witnesss.”

He told the court: “If somebody comes to court and files their claim on statutory provision, that is the susbtance of their case.

“Would I  be wrong to merely ask them to read their documents whether they have mentioned any statutory provisions.

“We  [MEC] have denied their irregulaities, we have to show through cross -xamination that there was n statutory  provision cited.”

But Chikosa Silungwe said the five-judge panel unanimously had sustained the objection by  Chilima’s legal team.

“We can get all the emotion as we can but the objections have been sustained and we can move on,” Silungwe said in response to Kaphale’s statement.

In his cross-examination, Kaphale made Chilima admit  that the much touted Tippex  – the correctional fluid – didnot affect the results of the presidential election.

Chilima also agreed that he has no complaint against the figures of votes cast on May 21.

The Attorney General had put to Chilima that a successful challenge of the national results, would ride upon the successful challenge of several streams and the UTM leader said “ that’s correct.”

He asked: “You are focussing on other formal irregularities that are in your petition and affidavits in support of it. Even with that, would you agree with me that any cited irregularity should have affected the results of the Elections at that stream?£”

Chilima responded: “That’s true.”

Kaphale asked for an early adjournment about 15 minuted before lunch break, saying he second phase of his cross examination will likely start with a question which was likely to be objected again.

Lawyers for petitioners agreed to the proposition and the court adjourned.

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Jakison Laanje
Jakison Laanje
1 year ago

Munthu mumati wa PhD uja kumayankha ngati ine uthyola tea. Koma abale. Ndiye mbuzi imeneyi mumafuna ikhale president? Mwina bola Chakwela yo. hahahaha. Waiting to see how Chakwela will do it. I am sure he will perform better monga iye mbusa. Koma a Chilima mwakhumudwitsa anthu anu a nyasatimes. nawo masukulu a correspondance wa.

Mr Truth Pains
1 year ago

His time in court for your professor is fast approaching.

And we don’t know if we will hear anything from his slow speech .

The interpreter need also to be very cautious on Peter. He is going to try his best to avoid appearing in Court.

Njolo mpilu
Njolo mpilu
1 year ago

tikuti nkhaniyi kaphale akungofuna kutimbwmbwaitsa him being pitalas watchdog.

for the millions he has been given .udolo eti.
munyatu koma we dont care your lies behind the carpet. timve pitala akalowa. musatiopseze

Joloza
1 year ago

In his cross-examination, Kaphale made Chilima admit that the much touted Tippex – the correctional fluid – didnot affect the results of the presidential election. Chilima also agreed that he has no complaint against the figures of votes cast on May 21. The Attorney General had put to Chilima that a successful challenge of the national results, would ride upon the successful challenge of several streams and the UTM leader said “ that’s correct.” He asked: “You are focussing on other formal irregularities that are in your petition and affidavits in support of it. Even with that, would you agree… Read more »

Mr Truth Pains
1 year ago
Reply to  Joloza

Linda madzi apite ndipo uziti nadala

nchalo yourth
1 year ago
Reply to  Mr Truth Pains

adzmva pain musiye naye pitala adzabwere ndi 5 litres ya madzi tikamadzamupanga crosss examine

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