The Constitutional Court Wednesday stopped the Attorney General (AG) Kalekeni Kaphale from using a document which was deemed new by Malawi Congress Party (MCP) lawyer during cross-examination of MCP’s third witness Peter Lackson.
During cross-examination, Kaphale introduced a result sheet of one polling centre in Rumphi, however, MCP lawyer Modecai Msisha said the document was not included in the petitioner’s and witnesses’ files.
But Kaphale, while referring to rules and regulations of cross-examination, said introducing new documents is allowed for reference as long as it is not tendered as evidence.
Msisha, however, told the court that entertaining the document could defeat the purpose of preparing sworn statements tendered before the court.
“It was a document that no witnesses owned so if you use it, how are we going to use it afterwards. Who are we going to ask in relation to that document on our part? Everyone has given their side of the story and we must ask questions by making reference to materials common to everyone,” he said
Msisha also said what Kaphale did was an ambush to the witness.
“If the documents are not common to all of us, it does create a potentially dangerous situation because cases are about preparation,” he said
The court sustained Msisha’s objection.
Lawyers representing MCP president Lazarus Chakwera repeatedly complained of discrepancies in pagination of documents disclosing that they will be presenting their case on the matter
Justice Dingiswayo Madise also stressed the need to sort out issues of pages going forward.