Theu punches holes in Chimkango’s testimony: MCP satisfied with first petitioner lawyer’s cross examination

UTM  Party president Dr Saulos Chilima’s lawyer Bright Theu on Wednesday rounded off cross examining Bob Chimkango, the second witness for President Peter Mutharika who is the first respondent in the case by virtue of being the declared winner of the presidential race in the disputed May 21 Tripartite Elections, by picking holes in his statement.

Bright Theu a member of Chilima’s legal team quizzed Chimkango

The second day of the cross examination showed that Chimkango,  a representative of the governing Democratic Progressive Party (DPP) at the main tally centre during the election, was ignorant in so many things like who was supposed to sign for the form 67C at the polling center and that the Malawi Electoral Commission (MEC) was to use ICT results management system among others.

In the course of the cross-examination, Theu had to remind Chimkango,  a lawyer working for State-owned Malawi Housing Corporation (MHC), that he is under oath and knows the consequences of lying under the same when the witness told the court that did not get some tally sheets from MEC at the tally center.

Hot on the day was the issue whereby a presiding officer Rabecca Chirwa signed forms 72C from Rumphi West and Mzuzu City polling centers.

Through cross examination, Chimkango told the  court that the form 72C from Rumphi West appeared to be fake.

“Are you suggesting that Rabecca Chirwa, a constituency returning officer employed by MEC filled a fake document,” asked Theu to which the witness response was positive, adding that even the entries were wrong as well.

Chimkango also observed that some form 66Cs his team collected from the party monitors had no monitors signatures while the same forms but from MEC had the signatures.

“In your own understanding, who is supposed to fill these forms?” asked Theu.

“I don’t know,” he answered.

“Mr Chimkango you were in charge of 35 people at the main tally center and you were also a roving monitor on polling day, you say you have no idea of who should fill results on form 66C? Is that an honest answer?” fired back Theu.

“I can speculate that the one in charge of the polling center is the one to fill these forms,” answered Chimkango who also responded negative when he was asked if a village headman was supposed to fill a form 66C.

On irregularities, Theu indicated that there were a lot of polling centers where tallying of results had so many irregularities but  lead the witness through Fanuel and Kamuzu polling stations where tallying of vote cast results were mismanaged.

For example, it was discovered that 824 voted were uncounted for while at Kamuzu Polling Center there were extra 666 ballot papers by the close of polling and counting of votes.

“Looking at the information provided, do you find anywhere where there is a mention of where 824 votes went and where 666 ballot papers came from?” he asked.

“Nowhere it is being mentioned where 824 votes went and where the extra 666 came from,” Chimkango answered.

After finishing the cross examination, Malawi Congress Party (MCP) president Lazarus Chakwera lead lawyer senior counsel Mordecai Msisha told president judge Heally Potani that they were satisfied with Theu’s cross examination.

“Going through the cross examination by the first petitioner, we are satisfied with it and therefore we have no intention to cross examine this witness,” said Msisha respsenting the second petitioner.

During re-examination in the afternoon, President Mutharika’s lawyer Frank Mbeta swiftly moved in to lead Chimkango in ironing out some statements from his cross-examination.

Chilima—who contested in the May 21 Tripartite Elections presidential race while serving as country’s Vice-President after being voted to the office as a pair with Mutharika in 2014—and Chakwera are seeking nullification of the elections on the basis of irregularities in the results management system.

The five-judge panel comprising Ivy Kamanga, Healey Potani, Redson Kapindu, Mike Tembo and Dingiswayo Madise indicated it would conclude hearing the matter on December 6 and thereafter have about 45 days to deliver its verdict.

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Nsundwe Soldier
Nsundwe Soldier
1 year ago

Cadet zamuvuta

chataika
chataika
1 year ago

Judgement is yet to be made so dont be complacent wait for the end of the end of the game come Dec 6 and verdict which is to come after 45 days. Lets unite fellow malawians.

Kennedy
Kennedy
1 year ago

Even a child can now see where this is going. Judges don’t waste our time and tax payers money. Order for a rerun because this is foolishness at its best. Dpp and Mec have been caught pants down. Our country today has become a joke and thanks to these crooks of Mec and Dpp.

Maunits
Maunits
1 year ago

And Kaphale will be timaphale kulankhula mbwerera chonchi. Zada zada basi. DPP caught pant down muzidikira kuti ndende yomwe mukalowe ndi treason ndiyiti. Ngati munalila ndiuzuzu pa Lumbadzi pamodzi ndi mwaaana Dausi. Kundende mukandokabwanji.

tman
1 year ago

MALOTO A CHUMBA PA MALAWI

BigMan
BigMan
1 year ago

Mr Mutharika’s cadets, busy barking, barking, barking, and barking some more in the dock, for nothing!!!

Mwenethengere
Mwenethengere
1 year ago
Reply to  BigMan

EMUSPI and UTM youth leaguers barking and barking. Mwagwa nawo uchidzete wa fake accent ndi nzache Arafat Hamdani…kkkkkkkkkkkkkkkk

Forgive them
Forgive them
1 year ago

Sc Msisha
anangoona kuti zawana sofura,
Kkkkkkkk
Ziliko
Mulungu akauyeza ufumu ndipo akaupeza kuti ndiopelewera,
zotsatila zake ndi zimenezi,
#
Kumangodziluma

Mwenethengere
Mwenethengere
1 year ago
Reply to  Forgive them

Mshisha kuti wakaaaa kuthawa ndi wigi yake…kkkkkkkk

Muonosile
Muonosile
1 year ago

Brilliant Theu, you are a man.

FRED LOCKS
1 year ago

MZAKE WA JERUSALEM KUYANKHA MBWELERA, CHEATING DOES NOT DPP IS REAPING WHAT THEY SOW

Mwenethengere
Mwenethengere
1 year ago
Reply to  FRED LOCKS

kodi paja fake accent ex-reverend ndi wa Bible College wina…kkkkkkkk

Khathwa
Khathwa
1 year ago
Reply to  Mwenethengere

Cadet iwe. Chosecho Uli Mbuu, Ulibe Chilichose. Ukhalira Yomweyo Yopembedza Azakowo basi.

Twinkle Brothers
Twinkle Brothers
1 year ago
Reply to  FRED LOCKS

Truth has no substitute…..Case on n direction clear. I wonder why Kaphale is insisting on monitors n that the case shud be dismissed..I thought you presented that even to the supreme court n the court rebuffed you. I cud have resigned having lost 3 cases in a row as AG…shame on Kaphale n I see you going for aloe after losing this one as well

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