Respondents Lawyers In Elections Case Finishes Cross-examining Chilima
Lawyers of first witness in presidential elections Case Dr Saulos Chilima have started re-examining him.
When lawyer Chikosa Silungwe was conducting the re-examination attorney general Kalekeni Kaphale objected focusing on percentages of votes because he had tackled only 30 tiny statements not all 5002 polling stations.
Kaphale rejected a new document which Silungwe had brought in the court that was not submitted for the cross examination.
Then lawyer of President Mutharika Frank Mbeta also objected the document saying it brings different dimension
In his defense Silungwe said “it is just a tool to present another side of the story which Chilima was not cross-examined.”
In its ruling on the matter the court ordered that the new evidence must be deducted hence not used in the re-examination.
“The examination should only focus on percentages of polling centres not votes,” said the judge
The re-examination started after second lawyer of President Peter Mutharika in presidential elections case had finished cross examining Chilima.
When the court resumed the judge asked lawyers of Chilima to start re-examining their client on his responses in the cross examination
However, counsel of Chilima Marshal Chilenga called for the adjournment to two o’clock on Tuesday afternoon which all parties accepted.
Chilenga said they wanted more time to discuss before the re-examination because Chilima had been cross examined for 8 days.
“We will finish re-examining him by 12 o’clock on Wednesday August, 21 2019,” he promised
Before the commencement of the cross examination on Tuesday morning the constitutional court announced new directions aimed at speeding up the case.
Judge Redson Kapindu said the court had carefully monitored progress of the case management especially cross examination.
Kapindu said the progress of Monday 19th August was not impressive because of several interjections.
He further said some of them could be avoided if the parties involved in the case had followed rules of evidence and guidance of court.
Kapindu therefore declared 7 directions and some of them only re-emphasize what the court had stated at the beginning of the case.
“Among them are no repetition of questions, parties abiding by advice of the court, witnesses not asked on legal matters, cross examination on evidence in dispute and no summarization of figures in court,” Kapindu stated
Lawyers of Mutharika started cross examining Chilima on Friday after supreme court of appeal dismissed application by attorney general Kalekeni Kaphale to end the presidential elections case.
Kaphale had finished cross examining Chilima for five days after the constitutional court began hearing the case on 8th August, 2019.
UTM president Dr Saulos Chilima and MCP president Dr Saulos Chilima sued president professor Peter Mutharika and Malawi Electoral Commission.
Before adjourning the cross examination on Friday 16th August the constitutional court declared that by 4 o’clock on Wednesday all parties should submit evidence that is not in dispute in order to expedite the case.
