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Cross-Examination of Ben Phiri has shown MCP and UTM Never had any evidence

Dr. Ben Phiri
Witness Ben Phiri continued to confound petitioners Lawyers in court on Monday that for the second time, lawyers for Lazarus Chakwera and Saulos Chilima suspected he had a reference material from which he was drawing his answers to their questions.

Election Observer

Malawi President Peter Mutharika, the first respondent in the presidential election results nullification petition, witness Ben Phiri continued to confound petitioners Lawyers in court on Monday that for the second time, lawyers for Lazarus Chakwera and Saulos Chilima suspected he had a reference material from which he was drawing his answers to their questions.

DR. Ben Phiri was today being cross-examined by Lazarus Chakwera’s lawyers. Who struggled poke holes in his answers?

Last week, Saulos Chilima’s lawyer Chikosa Silungwe also suspected that Phiri had reference material ad he struggled to nail him down.

What has come out in this election case so far is that Chakwera and Chilima have failed to provide evidence to support their allegations against President Peter Mutharika’s victory in the election.

Part of the questioning this Morning went as follows:

Mordecai: Can you mention the key officials from MEC you interacted with?

 Minister Ben Phiri: Munkhondya, Sangwani Mwafulirwa, CEO of MEC at times. Some I cannot remember their names.

Mordecai: One on one you met none of the commissioners?

 Minister Ben Phiri: No.

Mordecai: Did you have interactions with President Mutharika? Even after announcement of results?

 Minister Ben Phiri: Yes

Mordecai: In your interaction with President Mutharika, did you explain to him about the audit report by BDO?

 Minister Ben Phiri: No.

Mordecai: Why?

 Minister Ben Phiri: He never asked for the report.

Mordecai: On your part does it mean President Mutharika doesn’t know anything about the BDO Audit Report?

 Minister Ben Phiri: No.

Mordecai: Did you explain to President Mutharika the security features on tally sheets?

 Minister Ben Phiri: No.

Mordecai: Did you mention to President Mutharika that apart from security features, there were extra ballot papers?

 Minister Ben Phiri: Yes, I did.

Mordecai: What reason did you explain to him as the reason for having reserved tally sheets?

 Minister Ben Phiri: I informed APM that this was to be used by MEC.

Mordecai: Did you tell him that these reserve sheets will have no security features like the original sheets?

 Minister Ben Phiri: No.

Mordecai: In relation to use of tippex, did you inform President Mutharika that tally sheets had tippex on them.

 Minister Ben Phiri: Yes.

Mordecai: What did you tell him?

 Minister Ben Phiri: I told him 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?

 Minister Ben Phiri: No

Mordecai: How did you ascertain that Tippex was being used on reconciliation part?

 Minister Ben Phiri: From the tally sheets.

Mordecai: Did you notice the numbers below the tippex?

 Minister Ben Phiri: I couldn’t see it.

Mordecai: But you are accepting that there was an error?

 Minister Ben Phiri: Yes, because on top there was a correct number.

Mordecai: Was that the basis for your conclusion that there was indeed an error?

 Minister Ben Phiri: Yes, it’s 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?

 Minister Ben Phiri: No.

Mordecai: Did you look at the manual procedures of MEC on correction of errors?

 Minister Ben Phiri: No.

Mordecai: After the conclusion of the polling, where were the results supposed to be captured?

 Minister Ben Phiri: Form 66c and Form 60.

Mordecai: What was being recorded in the logbook before polling?

 Minister Ben Phiri: Any activity on the voting day was supposed to be recorded in the logbook.

Mordecai: Activities like ballot papers, null and void ballot papers after voting?

 Minister Ben Phiri: Yes

Mordecai: What else?

 Minister Ben Phiri: Number of staff, time

Mordecai: I am saying in relation to polling materials before voting

 Minister Ben Phiri: Ballot papers received plus what you have indicated.

Mordecai: Was there any recording of received corrected ballot papers?

 Minister Ben Phiri: No.

Mordecai: So, in your testimony, errors mean what you noticed and what you didnt see?

 Minister Ben Phiri: Yes.

Mordecai: Who was your source of information?

 Minister Ben Phiri: Our witnesses.

Mordecai: When material was arriving at KIA, were you there?

 Minister Ben Phiri: Yes.

Mordecai: Did you see the packing list?

 Minister Ben Phiri: Yes

Mordecai: Did you inspect them?

 Minister Ben Phiri: My team did.

Mordecai: Was there anything that was reported to you as unusual?

 Minister Ben Phiri: No.

Mordecai: When did you become aware of the reserved Tally Sheets?

 Minister Ben Phiri: It was during one of the NECOF meetings.

Mordecai: Who gave that information?

 Minister Ben Phiri: MEC, Mr. Munkhondia

Mordecai: Did you pose any question on these reserves?

 Minister Ben Phiri: We did.

Throughout the case, their witnesses have failed to prove anything. After failing to prove anything, Chakwera and Chilima’s lawyers are laboring in court as they try to extract evidence from the respondents when it was them that were supposed bring evidence.

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Ufulu means 'Freedom' or unschackled - Ufulu is a reporter at the Maravi Post since Inception. He has a Degree in Computer Science and has reported on Technical and development issues.


  1. Ufulu you should start thinking how will be dealing the notion that Chilima will the 6th President in January for the 3 months. Ma cadets mumva pheni

  2. Fucken story and to hell with fucken propaganda olakwa amako pokubala and Bola anakakubosholA…

  3. Cadet samasowa one amakhala faceless two the way he is respecting Ben Phiri. Clearly shows that propaganda campaign by a Cadet on the media trying to sway the Judges

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