Malawi Congress Party (MCP) lead counsel in the elections case Mordecai Msisha has said the party has all the documentation, including a packing list and invoices that were sent from Dubai to Malawi for the electoral materials used by Malawi Electoral Commission (Mec).
When the court adjourned Wednesday, Msisha told the court the observation they have made in this regard.
Recently. counsel for President Peter Mutharika, Frank Mbeta filed an application requesting a document called a packing list from Dubai that was shipped with the electoral materials.
In an interview later, Msisha said they do not object that their witness Richard Chapweteka should be cross-examined using the available documents.
However, Msisha said the documents that were presented were not enough and argued that MCP had all the necessary documents that accompanied voting material from Dubai to Malawi which include packing list and invoices.
“The point we have difficulty with is that after Mec said, in response to the notice from the first respondent, ‘here are the documents in question’, [however we noted] there are just a few documents and we have in possession of packing list, invoices and all the documents that normally accompany consignments into Malawi. We say this is in contrast to what Mec disclosed to the first respondent,’’ he said.
Mshisha said they are confident that there is a valid case to present on the irregularities in the May 21 2019 tripartite elections.
“The first respondent served a notice on Mec to disclose packing list for the electoral materials coming from Dubai to Malawi and that application was responded to by Mec, so they gave the disclosure, and we are saying we do not object to this. They can use these documents to cross-examine Mr Chapweteka if they need to now. Today, what we are getting is like three quarters of the file that Mec said is disclosure of the packing list and related documents from Dubai to here [Malawi],” he said.
Attorney General Kalekeni Kaphale cross-examined Peter Lackson Chimangeni of MCP and said he will finalise cross-examining him today.
“We are just about to conclude the cross-examination. It was a very good day in the sense that we managed to confirm all the defence theories. The court room is not your bedroom so people sometimes get there believing that every lawyers’ question is a trap so that is expected and it’s normal in human theories,” he said.
In the case, MCP and UTM are challenging May 21 elections results. Mec declared Peter Mutharika winner.