Kaphale further tears apart Chilima’s petition in Malawi poll case

Attorney General (AG) Kalekeni Kaphale on Tuesday continued with his gruelling cross-examination to first petitioner Saulos Chilima in presidential election results to  tear apart further his case for nullification of the May results  as the UTM Party leader  said he cannot say that  the contentious correctional fluid Tippex was used for fraud.

In cross-examination, Kaphale took Chilima through the issue of monitors and asked the UTM leader if he had  “enough time” to consult his monitors on valid vote counting in the 10 centers which he has raised in his petition.

“Yes we had it,” said Chilima.

And Kaphale asked: “ None of your monitors in the centers challenged the results in any sworn statement.”

Chilima responded “No.”

The Attorney General Kaphale representing  Malawi Electoral Commission (MEC), in his capacity as government’s chief legal adviser, made Chilima confirm that if he had alternative results he would have brought them to court.

“ Indeed if there were alternative results, we would,” said Chilima.

Pressing further, Kaphale asked the  former vice-president that all the ten forms, if  he would indicate where Tippex was used for fraud.

“No. I can only say there is Tippex but I cannot say was used for fraud,” Chilima said.

Kaphale in the afternoon continued with cross-examining Chilima mostly focus on elections results tally sheets.

Kaphale: You will agree with me that all forms were signed by your monitors.

 Chilima: That is true.

Kaphale: You have been with these forms since June?

Chilima: That is also true.

Kaphale: You agree with me that no monitors who were on the ground have challenged these results?

Chilima: That is also true.

Kaphale: You confirm that its only Gift Chemadi who has challenged his signature.

Chilima: That is true.

Kaphale: We agree that even him is only challenging his signature and not the results? Chilima: That is true.

President Peter Mutharika, who was declared by MEC as winner in the presidential race, is the first respondent and the electoral body is the second respondent.

Malawi Congress Party  (MCP) leader, Lazarus Chakwera,  is second petitioner.

Both Chilima and Chakwera are arguing that the May 21 Tripartite Elections lacked credibility and must be declared null and void.

The petitioners contend that Mutharika “won a fraudulent election” fraught with irregularities, including alleged stuffing of ballot papers with pre-marked ballots, tampering with election results sheets through correctional fluid called Tippex, and being found in possession of  result sheets at home.

So far the Constitutional Court  presided by the five-judge panel of Healey Potani, Mike Tembo, Redson Kapindu, Dingiswayo Madise and Ivy Kamanga has not heard of any touted “overwhelming evidence” from the petitioners.

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