Malawi: AG Kaphale Rejects Extra Statement From UTM Lawyers

14 August 2019

Malawi Electoral Commission (MEC) lawyer Attorney General Kalekeni Kaphale on Wednesday afternoon told the constitutional court in Lilongwe that they rejected an extra statement which he said lawyer for Saulos Chilima the first petitioner in the electoral case had tried to serve them during a brief recess.

Chikosa Silunge: Lead attorney for UTM and Chilima seeking nullification of the presidential election results.

Kaphale raised the issue before a panel of five judges saying the move was unfair considering that the statement was being served when they have already started questioning the first witness, UTM party president Saulos Chilima on the subject.

The extra statement was from Daiton Ndasauka, who was one of UTM monitors during the elections and was stationed at the main MEC tally center in Blantyre.

At the time when lawyer for Chilima, Bright Theu was serving Kaphale the statement, the Attorney General had already started tackling Ndasauka's original sworn statement.

"We rejected the extra statement because we felt that that's not how it should be served," Kaphale told the court.

However, lawyer Dr Chikosa Silungwe clarified the issue saying the new statement was not meant to be used during Chilima's cross examination.

"My Lord, my Lady, the said statement was not to be used by the current cross examination, but rather during Ndasauka's cross examination," he said.

President Judge of the panel Justice Healy Potani continued the case.

Meanwhile, Kaphale has finished cross examining Chilima mostly tackling on irregularities that he raised in his sworn statement, petition as well as some statements of his witnesses

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