Constitutional court has rejected reserved tally sheets brought by chief elections officer of Malawi Electoral Commission MEC Sam Alfandika during his re-examination.
The judges sustained the objection of lawyers of petitioners in the case that are MCP and UTM political parties.
They said bringing undisclosed evidence in the case was tantamount to confusing the petitioners’ lawyers.
The court further said the reserved tally sheets were aimed to fill the gaps which lawyers of MEC noted that Alufandika created during his cross examination.
Thereafter, lawyer of UTM Marshal Chilenga objected re-examining Alufandika on what they did not cross examine him and the court also sustained that objection.
This forced lawyers of MEC to ask for an adjournment to meet in chambers.
Re-examination of Alufandika who is first witness of MEC began after lawyer of MCP Modecai Msisha finished cross examining him.
In the morning the judges allowed Msisha to cross examine Alfandika on video clip of the Chairperson of the commission Justice Dr Jane Ansah.
Msisha appealed to the court to use them but Chokotho objected the application.
However, judges of the constitutional court ruled that “Msisha must cross examine Chokotho using the clip because it would have been an attempt to bring in evidence unprocedural.”
But Msisha argued that the issues that necessitated the use of the clip arose during the cross examination.
Hearing of the presidential elections case is expected to conclude this week Friday 6th December.