MEC lawyers should not cross-examine other UTM witnesses – UTM lawyer tells court


Lawyer for UTM president Saulos Chilima in the presidential elections case, Chikosa Silungwe, yesterday told the court that Malawi Electoral Commission (MEC) lawyers should not cross-examine other UTM witnesses because they did not express intention to do so.

Silungwe (L): They did not file a notice

Silungwe said MEC lawyers led by Attorney General Kalekeni Kaphale filed a checklist to the court which did not indicate their intention to cross-examine other UTM witnesses.

“The second respondent (MEC) is done with any witnesses of the first petitioner (UTM).

“When Darlington Ndasauka takes the stand, the cross-examination this court should expect will come from counsel for the first respondent and not from the second respondent going by the document filed.

“Therefore I would like to commend the Attorney General for heeding the call for expedition by curtailing any cross-examination of UTM witnesses,” Silungwe said.

The Attorney General and other MEC lawyers already cross-examined Chilima and Miriam Gwalidi. In his response, Kaphale said they intend to cross-examine each UTM witness and they filed to the court two notices expressing their intention.

“If it is hope it is a misplaced one. Even if we made an error, we should be able to correct it because we have never intended not to cross-examine any of the witnesses,” Kaphale

However, Silungwe insisted that there was no second notice filed by the Attorney General hence MEC lawyers should not cross-examine any further UTM witnesses.

Meanwhile, the court will make a determination on the issue today.