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.

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.