A legal feud ensued in the Constitutional Court in Lilongwe when hearing of the landmark presidential poll result challenge case resumed as Malawi Electoral Commission (MEC) I can lawyers challenged a revised sworn statement which implicates President Peter Mutharika as winner of the electoral fraud.
Lawyer Bright Theu representing first pensioner, UTM president Sales Chilima, conceded in the court that the party legal team overlooked the need to request court permission for Darlington Ndasauka to use the revised sworn statement.
Judge Mike Tembo has since ordered that the revised sworn statement should not be allowed to be used in the case.
He said no permission was sought and MEC lawyers had already cross examined Ndasauka without reference to the document.
Meanwhile, President Mutharika's lawyer, Frank Mbeta, has resumed cross-examining Ndasauka focused on discrediting the witness and his testimony.
Mbeta is pushing hard to demonstrate that some errors made during computation of presidential election results could actually have advantaged candidates such as second petitioner, Malawi Congress Party (MCP) president Lazarus Chakwera and not necessarily President Mutharika.