The Constitutional Court has granted Richard Chapweteka, Malawi Congress Party second witness to bring a fresh document of packing list and commercial invoices that relate to the electoral materials that were consigned from the printer in Dubai to Kamuzu International Airport.
Chapweteka finished cross-examination before Peter Lackson took over the witness dock.
The development means that Chapweteka will be re-called to cross-examination with President Peter Mutharika’s lawyers specifically on the matter.
Modecai Msisha, who is lawyer representing MCP president Lazarus Chakwera, told the court that the documents are genuine which have been provided by a well-wisher who has asked for anonymity.
“When a well-wisher sent a package containing the packing list that clearly shows that they relate to the consignment the It became necessary for MCP to make the application to make sure that the cross examination for Chapweteka as it would continue would be based on the documents that the witness is saying he saw at the airport,” he said
Responding to MCP’s application lawyers for Mutharika Charles Mhango said MCP sought to introduce new evidence after cross examination.
“The document which they are trying to introduce by way of supplementary statement has already been produced by Mec through the sworn statement of Sam Alfandika except the commercial invoices,” he said.
Mec lawyer Tamando Chokotho also deemed the application as unnecessary as the document is already in court.
“We would also not want to create room where a witness can come in court and say they brought a document from a well-wisher and the allow that to sufficiently satisfy order 18 and rule 6. The source must be provided,” he said
But Justice Mike Tembo granted the witness permission to bring the document to court and respected the fact that the source of the document has requested for anonymity.
“He is entitled to introduce the document which he believes it’s a genuine packing list. The court does not agree with Mutharika’s lawyer this is the second petitioners attempt to introduce fresh document out of time,” he said
Tembo also said Mec is permitted to produce documents that they seek to provide the Mutharika’s lawyers.
“We allow this to pursuant of Mec duty to continuous disclosure as the court considers while time has elapsed the steps taken is necessary in the interest of justice,” he said
Meanwhile the court has gone for a week-long break and will reconvene on October 28,2019.