We reveal why ConCourt Accepted additional evidence

We reveal why ConCourt Accepted additional evidence

We reveal why ConCourt Accepted additional evidence

By Our Reporter

ConCourt Accepts Lawyers for Chakwera’s Request to Introduce New Evidence Given to them by a Well-wisherFake Document gets ExposedIn what was a dramatic turn of events on Friday morning, the ConCourt accepted the request by lawyers for Rev. Dr. Lazarus Chakwera to introduce new document as part of what we would like to call their evidence-in-chief.This particular piece of paper was given to Chakwera’s lawyers by a well-wisher.The well-wisher, after noticing that Chakwera has a genuine case and evidence in as far as the elections case is concerned, decided to move and produce the document to them.The well-wisher believes that this is a case in which Chakwera’s lawyers have ably managed to prove electoral irregularities with a huge potential to lead Malawi into a re-run.The new document in question is the Packing List of ballot documents that arrived from Dubai and checked at Kamuzu International Airport.Allow us to give you a background on this: Lawyers for, APM, initially applied to have this Packing List from MEC.Lawyers for Chakwera did not object and they did that on purpose.MEC disclosed that document to court.Laywers for Chakwera objected to it being used in court as it a fake and doctored document.The idea the lawyers for Chakwera had in accepting that MEC display their document was to compare what MEC would produce with the one MCP had already gotten hold of.MEC lawyers could not see this coming.MEC was forced to withdraw it after being embarassed.And they approached lawyers for Chakwera to just give them the original genuine packing list outside the court.Lawyers for Chakwera refused and told them that they would apply to court to use it themselves instead.MEC lawyers, led by Kalekeni Kalephera, became jittery as they wondered how Chakwera’s lawyers managed to get hold of a document which MEC tried to hide by all means.Charles Mhango, fumbled with words when he made his objection forcing the bench to come in twice to “guide” him as it was obvious he needed guidance.The bench futher questioned Tamanda Chokotho as to why their Banda did not introduce that document being sought by lawyers for Chakwera when he made his sworn statement.Banda is an MEC employee. Chokotho fumbled. His reasoning was way too childish. He said it was because at that time, Banda was out of the country – yet he was able to submit a sworn statement around the same time!Chokotho further wondered where and how lawyers for Chakwera got hold of it because MEC only displayed it in court during cross-examination.The bench further wondered how lawyers for MEC displayed that document at some earlier stage without it being referred to in Banda’s sworn statement.Senior Counsel Mordecai Msiska argued that their application was necessitated after the documents MEC was using during cross-examination contradicted each other.So Chakwera’s legal team want to bring that matter into perspective.The bench believes that this is fair considering that lawyers for APM initially requested for the same and it was allowed.They wondered why it cannot be the same for lawyers for Chakwera.As such, MEC must also disclose theirs to the lawyers for APM.The bench also commended the efforts taken by lawyers for Chakwera in following procedures when introducing new documents.The bench believes that this is in the best interest of justice despite that time has elapsed.The ConCourt has denied the request by MEC for Chakwera’s lawyers to disclose the name of the person who gave them the document.This is due to the sensitivity of the case.In essence, this new evidence is not new – it was already introduced by MEC initially (fake one intentionally and genuine one by mistake) and lawyers for Chakwera want to use it as well.This new development now means that Richard Chapweteka has to come in again for cross-examination.

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