LILONGWE-(MaraviPost)-Malawi Local Government Minister Ben Phiri who is also President Peter Mutharika’s witness in the ongoing presidential election case on Monday confesses to the constitutional court that “Tippex” was used to collect mistakes on tally sheets during the May 21 polls.
Phiri told the court also that Tippex was not provided by Malawi Electoral Commission (MEC) but failed to disclosed whose sources was the fluid came from.
Below is part of narrative of the court hearing part of Monday, morning, November 25, 2019 as the roasting of “Dr” Ben Phiri by Mordecai Msiska, SC continues:
Mordecai: Can you mention the key officials from MEC you interracted with?
Ben: Munkhondia, Sangwani Mwafulira, CEO of MEC at times. Some I cannot remember their names.
Mordecai: One one on one you met none of the commissioners?
Ben: No.
Mordecai: Did you have interractions with APM? Even after announcement of results?
Ben: Yes
Mordecai: In your interaction with APM, did you explain to him about the audit report by BDO?
Ben: No.
Mordecai: Why?
Ben: He never asked for the report.
Mordecai: On your part does it mean APM doesnt know anything about the BDO Audit Report?
Ben: No.
Mordecai: Did you explain to APM the security features on Tally Sheets?
Ben: No.
Mordecai: Did you mention to APM that apart from security features, there were extra ballot papers?
Ben: Yes I did.
Mordecai: What reason did you explain to him as the reason for having reserved tally sheets?
Ben: I informed APM that this was to be used by MEC.
APM: Did you tell him that these reserve sheets will have no security features like the original sheets?
Ben: No.
Charles Mhango rises to object that the questions are not from the paragraphs that Mordecai indicated to cross examine from. Mordecai 13 November revised sheet that we submitted includes the paragraphs am raising questions from. In addition, he is a witness of APM hence the interaction between the two is very important for us to lay out our case. He is an agent for APM so we need to implore on that. It is the background check before I go into the specific paragraphs. Charles Mhango insists that this would have been also been indicated. In addition he insisted that APM is not in court. Court overules the objection but urged Mordecai to quickly do the exercise.
Mordecai: In relation to use of tippex, did you inform APM that tally sheets had tippex on them.
Ben: Yes.
Mordecai: What did you tell him?
Ben: I told them that there was misunderstanding of various terminology by MEC Presiding Officers hence mistakes were made and needed to be corrected with tippex. It was in the reconciliation part.
Mordecai: Did you discuss with him where this tippex came from?
Ben: No
Mordecai: How did you ascertain that Tippex was being used on reconcillation part?
Ben: From the Tally Sheets.
Mordecai: Did you notice the numbers below the tippex?
Ben: I couldnt see it.
Mordecai: But you are accepting that there was an error?
Ben: Yes because on top there was a correct number.
Mordecai: Was that the basis for you concluded that there was indeed an error?
Ben: Yes its because the final figures were adding up.
Mordecai: Were you informed by MEC that they will use Tippex? Or when there is an error go ahead use tippex?
Ben: No.
Mordecai: Did you look at the manual procedures of MEC on correction of errors?
Ben: No.
Mordecai: After the conclusion of the polling, where were the results supposed to be captured?
Ben: Form 66c and Form 60.
Mordecai: What was being recorded in the log book before polling?
Ben: Any activity on the voting day was supposed to be recorded in the log book.
Mordecai: Activities like Ballot Papers, null and void ballot papers after voting?
Ben: Yes
Mordecai: What else?
Ben: Number of staff, time
Mordecai: Am saying in relation to polling materials before voting
Ben: Ballot papers receieved plus what yiu have indicated.
Mordecai: Was there any recording of received corrected ballot papers?
Ben: No.
Mordecai: So in your testimony, errors mean what you noticed and what you didnt see?
Ben: Yes.
Mordecai: Who was your source of information?
Ben: Our witnesses.
Mordecai: When material was arriving at KIA, were you there?
Ben: Yes.
Mordecai: Did you see the packing list?
Ben: Yes
Mordecai: Did you inspect them?
Ben: My team did.
Mordecai: Was there anything that was reported to you as unusual?
Ben: No.
Mordecai: When did you become awarr of the reserved Tally Sheets?
Ben: It was during one of the NECOF meetings.
Mordecai: Who gave that information?
Ben: MEC, Mr. Munkhondia
Mordecai: Did you pose any question on these reserves?
Ben: We did.