The Constitutional Court hearing the landmark presidential elections case in Lilongwe, yesterday, dismissed the application for the second petitioner of the case Malawi Electoral Commissioner (MEC) restraining Malawi Congress Party (MCP) from cross examining MECs second witness Hensley Munkhondya.
Following court’s order, Munkhondya who is MEC’s Director of Electoral Services has started testifying and he s being cross examined by United Transformation Movement (UTM) lawyer Khumbo Soko.
MEC through its Lawyer Tamando Chokhotho applied to the court asking it not to allow MCP to cross examine its witness saying that MCP never indicated that it wanted to cross examine Munkhondya on its check list.
However, Judge Mike Tembo dismissed the application saying Mec filed the application late and that fair trial requires that a witness should be cross examined.
Meanwhile, the court has accepted an application by UTM to use tables when cross examining Munkhondya.
Chokotho said they are okay with the court’s ruling even though UTM has planned to bring in new evidence using the back door.
However Chokotho has expressed delight with the way MEC second witness Hensley Munkhondya has started testifying.
On his part, lawyer for UTM Khumbo Soko said Mukhondiya is not well versed with his own sworn statement and he has since left it to the judges to determine.
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