After four days of cross examination, malawi AG finished on wednesday evenning.
“I thought that was an end as well” said judge Healy Potani.
The crowd in court then ..murmured in court..
AG kalekeni kaphale responded “they don’t believe me”
Healey Potani asked the AG “who doesn’t believe you honourable AG?”
One of the judges chipped in and asked the AG to say what is better for the crowd to believe him or the court?
The AG reminded the court that sometimes the judges determine a court case depending on the reaction from the crowd.
Potani then reminded the crowd to maintain silence always.
Kaphale complained about murmuring from the audience during the proceedings, saying judges talked about it yesterday and repeated the same today but seems there is no change.
The judges reminded the court that court proceedings are solemn occasions just like church services where cheer making is refrained.
Court says there is a point when it pin-points cheer makers and sends them off.
Chilima (middle) will face APM lawyers next –
Kaphale told the media after Wednesday court session that he has gathered answers he needed from the witness since the beginning of the cross examination on Thursday last week.
“Well, it was marvelous. We covered quiet a lot of ground and I think all we have all the answers that we needed to get from the witness. On Friday, the team representing Professor Arthur Peter Mutharika will also do their cross examination with the witness,” he said.
Kaphale maintained after cross examining Chilima that what he got from the witness tells that the elections were not stolen.
“We have always been maintaining that nothing went wrong in the elections. In the answers, the petitioner was giving, you will see by yourself that he can’t identify anywhere where the candidate’s votes were stolen,” Kaphale said.
Kaphale says Chilima could not say whether the duplicate form affected the candidates’ valid votes.
“He has said the use of non-standard tally sheets did not affect the valid votes; and of all the questionable votes that are there in this whole elections are 198 and 198 couldn’t have changed the results of the elections. I think the responses fit perfectly well in the theory of defense case,” the Attorney-General said.
But during cross-examination, Chilima, questioned the use of duplicate tally sheets which he described as “fake”.
The former vice president insisted in court that some sheets which were used to record results during the May 21 elections were fake, saying he was not comfortable to be discussing fake forms with the Attorney-General during the cross examination.
During cross-examination, Kaphale asked Chilima to confirm that his monitors signed on the forms and that none of the monitors challenged the results in any sworn statement, of which Chilima answered that “I am not disagreeing with the results but the form. Why should we discuss fake document? I am saying the document is fake and the results are fake.”
The debate on this got so hot until the judges intervened by asking Kaphale to proceed with other questions since the witness claimed the document was fake.
The court has since been adjourned to Friday morning since there will be an appeal case on Thursday in the Supreme Court of Appeal where MEC wants the whole case dismissed.
Meanwhile on friday it will be the turn of lawyers representing Peter Mutharika to cross examine Chilima.
The court will not meet tommorow as there is a hearing (not judgement) in the supreme court regarding the ongoing case..where the AG appealed.
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