Observations by Cornelius Wa Mapira
On Friday Saulos Chilima’s lawyer Chikosa Silungwe cross examined Local government Minister and DPP director of elections Dr. Ben Phiri.
Counsel Tembenu set pace on Thursday when he told the court in his brief statement that despite some immaterial irregularities torch bearer won the presidency fair and square.
Dr Ben Phiri’s approach followed the same Pattern, accepting that there were a few issues that would have done better but these few mishaps does not warrant fresh nullification of results and a call for fresh elections.
Dr Ben Phiri confirmed that tippex was used, duplicate tally sheets were used, things that were already confirmed by the MEC chair prior to announcements of results and MEC lawyers during cross examination.
Dr Ben Phiri’s narrative is that DPP did not rig elections but as a party that took part in the elections, they also noticed some challenges which in his opinion does not warrant nullification of results.
Dr Silungwe used the audit report as the basis of his questions, issues like use of tippex, duplicate sheets, and some results that auditors queried but we’re signed by party representatives.
Dr Ben Phiri was composed and took questions very well up to the extent that Chilima’s lawyers suspected that he had notes somewhere he was referring to.
Then came the issue of Dr Ben Phiri’s qualifications. To be honest Dr Ben Phiri was not in a court as an expert witness. I wouldn’t mind if he was just asked about his qualifications but asking him about his thesis etc. was just too personal and in my lay man opinion am failing to relate that to the case in court apart from just want to embarrass the witness.
In Conclusion a thorough analysis of today’s cross examination will reveal that Dr Silungwe failed to establish anything with his cross-examination. It was utterly a waste of time and did not prove or disprove any fact. All his questions were left hanging in the air. It was as if he did not study in preparation for his cross examination.
