By Malawi Freedom Network
More Legal Spectacular As Mutharika’s Lawyers Take On Chilima In Cross-Examination; Court Adjourns To Monday
The Constitutional Court in Lilongwe, has on Friday, adjourned the ongoing Presidential Election case to Monday next week after a daylong of heated process, that saw a number of legal factors paving and shaping the projection of high profile case.
The morning session started with court giving new directions that must be followed for what it termed as “the goodness of time”.
The new directions were provided after the court made some estimates that, if bundled together, the evidence in the case could fill in a 3-tonne lorry hence said, it was understandable why it takes so long to cross examine a witness.
Court therefore directed all parties involved to supply check lists indicating facts that are not in dispute on Wednesday next week.
Court has precisely indicated, that cross examination will be limited to facts and disputes by parties that are able to notify the court about which witness to examine, specific areas and paragraphs in sworn statements to be asked on.
Among some thorny questions, Lawyer representing President Peter Mutharika, Frank Mbeta asked the first petitioner who is the UTM Party President Chilima, about his assertion that some Democratic Progressive Party (DPP) cadets had played a role in dispatching ballot papers hence demanded the Chilima to provide court with backing evidence.
In response, Chilima simply said: “On record, no.”
Lawyer Mbeta also produced pictures bearing some gadgets, which he showed them to Chilima before asking him about the use of unusual gadgets by UTM monitors who were arrested by police.
The tide saw Chilima’s lawyer, Silungwe objecting hence asked court to remove the question, saying: “The pictures were not on court record and that, the use of the said suspicious gadgets had been introduced to justify the arrest of some UTM monitors during the last elections”.
Adding on the same was Chilima’s other lawyer, Marshal Chilenga who told court that the document of the pictures have been used in breach of the rules and must not be admitted by the court.
As part of evidence, at the height of the proceeding, court had permitted some video clips to be played.
One of such videos was of the speech which President Mutharika had made during the elections aftermath at Mjamba Freedom Park that his votes in the central region were also stolen.
On court’s direction, when the case resumes on Monday, President Mutharika’s lawyers are expected to continue with their probing on Chilima.