Malawi: AG Asks Chilima to Bring Objective Evidence to Court in Malawi Elections Case

11 August 2019

Attorney General (AG) Kalekeni Kaphale has tasked the country's immediate past vice-president and UTM leader Saulos Chilima to bring several documents to Constitutional Court sitting in Lilongwe on Monday afternoon when it resumes hearing the ongoing presidential election case.

Chilima asked to bring several documents to court on Monday

Kaphale has asked Chilima about nine things to bring as evidence.

Among others, Kaphale has demanded Chilima to bring evidence that some monitors in polling centres were being threatened and bribed by election officers as well as that he should show the court any submissions from monitors who complained about irregularities from the streams that were posted during the elections.

During Cross-examination on Friday, Attorney General who is representing Malawi Electoral Commission (MEC) in the matter, focused on drawing Chilima, who was tallied third in the disputed results, to concede that some of the irregularities he cited in his petition could not have altered election results.

Among others, Kaphale wanted to know if it was reasonable for one to challenge results that monitors had authenticated.

He also questioned Chilima if lack of sworn statements from UTM monitors de-authenticating the results is a sign that he does not agree with the vote count other than other issues.

Kaphale put it to Chilima that there are some forms that were not signed by monitors and anyone challenging the results on the form may have to show that their monitors did not monitor at a particular polling centre.

In his response, Chilima said there should be a reason for one to challenge the results even if monitors did no de-authenticate the results.

He also said the same applies to failure by some monitors to sign on the forms.

Kaphale grilled Chilima over the use of party monitors and the now infamous correctional fluid (Tippex) and insisted that there was no evidence of fraudulent altering of documents and further focused on the absence of testimony of monitors that results sheets were doctored.

He further sought to portray Chilima as an unreliable witness in comparison with the monitors on the ground and in some instances asked UTM leader to confirm that the result sheets with Tippex could have been altered for genuine reasons.

Kaphalrbfurther sought to portray that it was possible that while duplicates were used in some instances instead of original result sheets, the presence of signatures by party monitors made them admissible.

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