UTM witness Mirriam Gwalidi tussle with Kaphale in cross examination

Mirriam Gwalidi, one of the key witnesses for UTM Party in the ongoing historic elections case tussled with Attorney General (AG) Kalekeni Kaphale when he started cross-examining her as she testified and rejected several of the AG’s attempts to make her admit that the evidence provided in her sworn statement did not amount to electoral fraud or serious irregularities.

Kaphale (L) and other lawyers having a talk outside court.-Photo by Lisa Kadango, Mana

Gwalidi, who worked as UTM roving monitor but was stationed at the National Tally Centre in Blantyre, said Malawi Electoral Commission (MEC) pledged during the May 31 Tripartite Elections results transmission that any altered results would not be admitted by the poll body.

She told the Constitutional Court that upon noticing the use of the correctional fluid Tippex in the results sheets, her team of UTM representatives at the National Tally Centre met MEC Chairperson Jane Ansah who assured them that the electoral body would not admit Tippexed results.

“She told us where mistakes would have arisen, the commission would provide fresh result sheets to be used,” said Gwalidi in her testimony.

Kaphale, representing MEC as government’s top lawyer,  pressed Gwalidi that her  sworn statement  she only indicated that there use of Tippex  but could not show evidence that the Tippex was used to change the results and add wrong votes figures.

Gwalidi resolute in her testimony said “there must be an explanation to that.”

In the heated cross-examination, Kaphale asked: Can you confirm that no monitor has filed at any court that tippex affected the results at the polling station?

Gwalidi responded: Yes I can confirm in my sworn statement.

Kaphale:  I guess you will finish that trouble you are starting 

Gwalidi: The documents which Jane Ansah used to declare Peter Mutharika were from the polling centres and she was not there.

Kaphale: What are you responding on? 

Gwalidi: The trouble you requested me to finish

Kaphale noted that UTM seemed to have been “organised” and “engaged intelligent people” like Gwalidi, a trained HIV testing and counselling officer.

Gwalidi cross-examination is expected to continue when the case continues Thursday then she we will be re-examined by UTM lawyers. Next to be in witness box will be UTM’s Darlington Ndasauka.

UTM president Saulos Chilima is first petitioner while Malawi Congress Party (MCP) president Lazarus Chakwera is the second petitioner. The petitioners contend that President Peter Mutharika, the first respondent, “won a fraudulent election” fraught with irregularities, including use of correction fluid to alter result sheets.

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