We managed to discredit UTM evidence in Malawi poll case, says MEC lawyer

Lawyer Tamanda Chokhotho represent Malawi Electoral Commission (MEC), the second respondent in the historic presidential elections case, has said they have managed to discredit the evidence of UTM Party president Saulos Chilima, who is the first petitioner in the case.

One of MEC lawyers Tamanda Chokhotho leaving the court

Chilima, through his legal team has closed its petition case at the Constitutional Court in Lilongwe after withdrawing all his 34 remaining witnesses.

This meant closure of Chilima’s case, having paraded only four witnesses, of whom his UTM Party deputy director of elections Bright Kawaka was the last witness to testify on Wednesday. Others who testified were Chilima himself, Mirriam Gwalidi and Darlington Ndasauka.

Chokhotho, who is working with Attorney General Kalekeni Kaphale in MEC legal team, said the burden of proof lies in the petitioners and that so far, UTM has failed to prove claims of rigging.

He said the electoral body will show that the first petitioner did not manage to prove allegations they raised.

“From the witnesses we cross-examined, no witness proved allegations of bribery, intimidation, [among others],” said Chokhotho.

He said from the cross-examination, and for those that have followed the case, they would agree that “we managed to discredit their evidence.”

Chokhotho said their position is not to comment on ongoing court issues in the media, but was commenting to answer the claim by one of lawyers representing Chilima, Chikosa Silungwe, that they have proved their case.

Silungwe said they were convinced that they have proved that correction fluid Tippex was used, fake documents and duplicates were used and presiding officers, in some instances, did not sign result sheets and log books, which was contrary to the law.

 

“Our case was premised on two pillars; irregularities and fraud. It’s about quality of evidence,” said Silungwe.

 

Next week Tuesday, the court will start hearing the second petitioner’s testimony, Malawi Congress Party (MCP) presidential hopeful Lazarus Chakwera.

 

The petitioners contend that Mutharika “won a fraudulent May 21 2019 Presidential Election” fraught with irregularities, including alleged tampering with election results sheets with Tippex and want the court to nullify the results and order a re-run.

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32 replies on “We managed to discredit UTM evidence in Malawi poll case, says MEC lawyer”

  1. Lawyer Chokhotho is scrap. It is obvious and clear that UTM has managed to establish on “IRREGULARITIES”. UTM did not go court on “RIGGING”. According to the law governing the conduct of credible Presidential and Parliamentary Elections UTM managed to establish a case in support of a re-run. Even if MCP is asked to withdraw grounds for a re-run cannot be quashed. Chokhotho is just trying to save face.

  2. If you are employed as presidential guard ,you guard the live president and when he dies you guard his corpse.Mugabe’s corpse is guarded despite being useless/dead.So he is just answering the call of duty to fulfill his normal duties.

  3. Ndiye kumunamiza peter,Even Chimulirenji admitted that fate presidential tally sheets were used,fake ballots,fake log books exhibited in court.May be you should be saying doing best to keep Peter’s BP àt bay.

  4. Oiling and cleaning a mud roving pig.How much have you paid Nyasa editor? Were you reimbursed the money that was given to aborted witnesses of UTM.Silungwe says he has never faced the weakest lawyer as Chokoto since he began his profession.

  5. Wonders shall never cease to end. Are you the 5 judges to have been convinced of discrediting the evidence. In whose perspective is it? Yours or the public? The judges or the petitioners?

    In Chichewa there is a saying amati kudzikwata ndi chala.kkkkkkkk

  6. @MUTHALIRENJI…. Meaning that MEC ran out of originals. hahaahaha ………strange kind of thinking indeed. I thought the case is constitutional in nature. Does the presidential and parliamentary Act allows use of fake documents, tippex and incomplete documents as long as figures seem to agree? In my lay man’s knowledge, the case is about whether procedures were followed during the electoral process or not. Chokhoto here is arguing about figures where as chilima lawyers are arguing against procedures. Let’s wait for the Concourt to prove that.

  7. MEC and DPP laywers try to argue with HIV virus that has gone into someone boy, you say I bathed or what or so. You will be proved wrong soon. Sickness comes on the away and DEATH. MEC messed the votes – end of the story. To resolve this case we must vote again.

  8. CAN SOMEONE READ WIKIPEDIA ABOUT
    “MALAWI”YOU WILL BE SHOCKED THEY SAY MUNTHALIKA LOST WHY ARE YOU WASTING TIME CHAKWERA WON FULLSTOP

    1. Poor you… Wikipedia even yourself can edit that page without further permission mxiew…phuma choncho ngati UTM bwanji

  9. Oyipa athawa yekha, chilima’s witnesses embarrassed him and refused to testify which knocked their game plan. I wonder what Dr silungwe is smoking over there.

  10. kodi achitsiru awa achokotho akuzitamandira zi chani pamenepa mesa yekha anavomereza kuti tipex was used and there were irregularities ndiye apa bwanji akulankhula trash, CHOKHOTHO linda madzi apite uziti ndadala

    1. Meaning, even fake currency is allowed at the market from now onwards?? Padon all who are serving jail coz of fake currency. Coz eve AG has seen no case on fake sheets

    2. Fake lawyers, linda madzi apite. Kodi ma lawyer a MEC ndi Mutharika onse are behaving like mad people why? There is something common in Chokotho and Kaphale…they are behaving like lunatics. Did they really pass law? Peter is lunatic, Jane Ansah is lunatic and they have transferred their lunacy to these fools parading as lawyers.

    3. Fred base on the issue. Did tippex and duplicate sheets affected the valid results per candidate? If you would recall Chilima himself admitted that duplicate sheets and tippex have never advantaged or disadvantaged any candidate. So whether tippex or duplicate sheets were used but the issue mavote anaberedwa ndiye nkhanitu apa. Becasue or mavote akanalembedwa pa plain paper with all valid votes signed for or that any candidate have votes recorded as counted then its okay my friend! Valid votes thats what matters

  11. Very wise Mr Tchokhotho!!! I guess if your child brings a school report of excellence without school logo, you will consider it because the marks are adding up and the headteacher has not raised any complaint. You will appreciate the value of the fake report when schools open.

    1. If he shows me authenticated marked answer sheets whose grade corresponds to those on the school report I will take it that the school had run out of original school reports and improvised what you you assume its a “fake report”

      1. I think stupidity starts from this. Chokoto may have understood the argument or he is always drunk on this. You can’t conclude a case when it is clear you have no fact…wait chokotho…or you are more poor than me to judge before a court…No wonder you have lost 18 out of 20 cases you defended the past six months

      2. Authentic forms are exactly what we wanted so that MEC can prove that it was a case of mistakes and not fraud but unfortunately no original forms with mistakes are available. The original forms are the ones which can authenticate the duplicate forms.

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