Attorney General Finishes Cross Examining First Witness

Attorney general  Kalekeni Kaphale has finished cross examining first witness in presidential elections case Dr Saulos Chilima.

In his final cross examination Kaphale asked Chilima on whether any of his monitors challenged the results and brought alternative results which the latter said no therefore the audience in the court cheered.

This did not please the judges who asked Kaphale whether that means people do not trust him and warned the audience against cheering in court.

The judge adjourned the case to Friday because on Thursday Supreme Court of appeal will begin hearing an application by attorney general to end the elections case.

As Kaphale was about to finish the cross examination Chilima said there was no alteration of valid votes on materials covered in past two days

Kaphale asked Chilima on the total votes among three top presidential candidates which he accepted was 4.74 million votes.

The attorney general Kalekeni Kaphale and the first witness Saulos Chilima agreed that the difference of the number 1 and 2 presidential candidates was 158 000 hence asking Chilima if 198 votes were enough to say that the presidential votes were invalid.

Kaphale asked Chilima whether he could apply if the results were not announced and he answered no

Then he requested a ten minute break to conclude the cross examination which lawyer of the first petitioner accepted but the second petitioner objected.

However the court granted Kaphale the requested time but hinted that his cross examination will end today as agreed.

At the resumption of the cross examination earlier in the afternoon lawyers of Malawi Electoral Commission rejected a statement from witness Ndasowa that was served by lawyer of Chilima Bright Theu during recession meeting.

“What Theu did was contrary to an order on court case management because the statement cannot be used on the witness who is being cross examined,” Kaphale said

He said time will come for the second witness to present such statement and in defense Theu said the document was not to be used on the current witness but witness Ndasowa

When the cross examination started Wednesday morning Kaphale asked Chilima on presence of word Fraud in his petition which he denied

However Kaphale continued questioning Chilima on the same which prompted his lawyer to object that cross examination and the court upheld the objection.

During the cross examination Chilima said was against one presiding officer signing results sheets of Mzuzu and Rumphi.

Thereafter Chilima cited an irregularity that happened in Machinga where some ghost results were added in results sheet.

He apologized on the sentiment that Ntata had presented a complaint in his sworn statement in Thyolo central

After the adjournment of the cross examination in the morning the court brought a projector so that all people can see the documents.