Live Text Day 42: Presidential Election Petition

The Supreme Court continues the hearing of the Presidential Election Petition on Day 42.
Philip Addison is likely to continue questioning the star witness of the Electoral Commission Dr. Kwadwo Afari-Gyan.
Yesterday, the Judges had to intervene on who should sort out list of unsigned pink sheets.
They finally asked the Petitioners to do the sorting out. The Petitioners also promised to handover that list to the Respondents.
If that has been done, then it is expected that Addison will continue his cross-examination on these unsigned sheets.
Proceedings will not travel its natural lifespan of 10:00am to after 4:00pm. The hearing will end by 2pm to make way for another live telecast of the U-20 semi-final clash between Ghana vrs France in Turkey.
Myjoyonline.com will bring you live text of both telecasts. For now, we stay with the Election Petition
Proceedings Begin
The Bar introduces their team of lawyers to the Bench. The Petitioners begin, followed by first, second and then third Respondents.
Presiding Judge draws attention to some development “afflicting” them. Atuguba makes reference to letters being written to them in manner that is unacceptable. He says such letters are also contemptuous. The practice should cease.
Afari Gyan walks into the dock. He is reminded of his oath. Addison is up he hands him a list of pink sheets and asks Afari Gyan to identify it.
Afari Gyan says they are unsigned pink sheets. He also identifies it as MBF series with a list of 28 pink sheets.
The next is the MBG series is a list of three pink sheets.
The next is a list of MBJ which 59.
The MBK series is 33.
MBN series is 66.
The MBO series is 12.
MBQ series in lot 1 is 88.
MBQ series lot 2A is 26.
MBQ series lot 3A is 9.
MBS series 45.
MBW series is 1
Addison then tenders the list through the witness.
Quarshie Idun wants to find out if a question will be asked before a tendering is made.
Atuguba says having identified those pink sheets as those without signatures from the Presiding is adequate foundation.
Afari Gyan makes an observation. He says the lists being tendered also contained some pink sheets which were signed at the instance of the Returning Officer.
He had early on told the court that some Returning Officers having realised that the pink sheets were not signed at the polling station ordered that they be signed at the collation centre. So that the original copies which are in the custody of the EC are signed but the duplicates which are in the possession of the parties are unsigned.
Addison is wondering why the witness is now putting a caveat to the tendering of the document.
A judge intervenes and says the witness has already made a confession early on that some pink sheets were later signed after copies had been given to the parties. So it is only fair he reminds the court about that statement.
Addison says the caveat by the witness is of no consequence because the Petitioners case is that these are lists of unsigned pink sheets and they can show clearly to the witness that these pink sheets have no signature on them. So that for Afari Gyan to now tell the court that he has some original copies which have been signed is neither here nor there.
Another judge suggests Addison reserve his comment in his address.
Addison suggests to witness that the exhibits tendered are not included in the list of 905 the EC claims are unsigned.
Afari Gyan agrees.
Addison asks witness to look at exhibits H J K L M N and say if they are also not part of the 905 unsigned pink sheets.
Afari Gyan says he cannot carry a list of 905 polling stations in his head to cross check.
Addison protests the language used by Afari Gyan.
A judge reminds witness that whatever answers he gives is to the court and not Addison.
Afari Gyan rephrases. He says he cannot remember those 905 list of hand.
Addison asks him to look at exhibit P which is the list of 905 pink sheets.
Addison makes reference to number 106 in the Western Region on the Exhibit P. He asks him what the polling station is. He says it is Cocoa shed.
Addsion asks him to look at 107 he says coco shed bedii.
Addison asks witness to confirm if the two polling stations are sharing the same polling station code. Afari Gyan confirms.
Addison takes him into the Volta Region, the Biakoye Constituency.
He asks him to look at number 31 on the list and mention the polling station name and code. He mentions.
Addison asks him to look at number 33 and mention the name and code. Ketu South No 69. RC Primary School Viepe A, Afari Gyan says.
Addison then asks him to mention what polling station is No 71. RC Primary School Viepe. Afari Gyan admits the two polling stations are sharing the same polling station code.
Brong Ahafo- Tano South Constituency
Addison mentions No 24; Pentecost Church Bema with a polling station code as A GO53203
Addison mentions No 25 on the list; Pentecost Church Bema B GO53203, Afari Gyan answers. He concedes again that these are wo different stations sharing the same polling station code.
Gyamang South
Addison mentions No 59; Cocoa Shed Asempa neye, Afari Gyan says and adds that the polling station code is G133703
Addison asks him to mention No 60; Cocoa Shed Asempa neye with a polling station code G133703. He admits again that there is a repetition of the polling station code.
Afari Gyan is taken through similar procedures in a number of constituencies across the country, including, Garu, Timpane. He admits there is “a mistake” in the repetition.
Addison says there are 18 duplicate polling station codes in Exhibit P. Afari Gyan affirms.
Addsion adds that the procedure they went through a while ago follows a pattern and the pattern is that duplications are also with the Respondent.
Respondents object to the remark; Tsikata describes it as completely gratuitous and demands a withdrawal.
Addison withdraws.
Philip Addison hands witness another set of pink sheets and asks him to identify by name, exhibit number and polling station code.
Afari Gyan says the pink sheets are three. He mentions the name and exhibit number as directed.
Addison asks him if he can confirm if these three pink sheets are the same. He says yes but he has an observation.
Addison asks him to wait for the further questions before making his observation.
He asks him if two of pink sheets have been signed; with no signature on one. Afari Gyan confirms.
He says he has the original of the pink sheets in question. He is asked to produce them. He produces two of the pink sheets and the third being a collation sheet.
Addison objects to the use of the collation sheet and prays the court to strike out the answer. He says if the witness is bent on using the collation sheet to back up his answers, the Petitioners will be forced to ask the second Respondent to supply them with all collation sheets in their possession.
The Court says it will rule on Addison’s demand when the court returns after 15 minutes Health Break.
Back from Health Break 
William Atuguba rules that the reference to the collation sheet has been struck out.
Addison asks if the results on the three pink sheets the same. Afari Gyan says they are not.
Addison asks for the exhibit numbers for the three. Quarshie Idun says the exhibit numbers have been given already.
Addison ignores the objection and asks the witness to take each pink sheet one after the other and mention the exhibit number as well as the total number of registered voters. Afari Gyan does as directed.
Addison asks if two of the pink sheets have the same name. Afari Gyan says yes but there
How do we know if the three results were not entered in the constituency results.
Afari Gyan says it is only the collation sheet that can tell
Addison suggests that the result of the three went into the declaration. Afari Gyan says the results of only two were entered.
What will be the reason for not entering the third one, Addison asks. Because it was not properly executed, Afari Gyan answers.
Addison probes further and says there are many pink sheets which have not been properly executed and yet the results from those pink sheets have been included in the declaration. Afari Gyan contests that assertion.
Addison: Why should a polling station have two pink sheets? No polling station should have two pink sheets he answers, except if the polling station is a split polling station A and B.
Addison asks witness to check if the pink sheets with him are a split polling station. No they are not, he answers.
Yet they have the same polling station name, code but different results, Addison adds. Yes Afari Gyan admits.
Double Registration
Addison presents a documents to witness and asks him to identify. He identifies it as the Final Voters Register 2012 for LA primary School Adaklo as well as the Afadzato Constituency
Have you been able to cross check the registers with yours? Yes Afari Gyan admits.
Addison asks him to open Page 45 of the Adaklo Register. He points out a name and a face which appears to have been repeated. Afari Gyan admits
Its is double Registration. Information is the same but Voter IDs are different, Addison asks for emphasis. The same person has two Voter IDs, Afari Gyan concedes.
Addison asks him to open Page 16 and see a voter by name Ernest Fie. That name has been repeated in the Register. Afari Gyan says it may be, it may be not. There is a difference. The one on 16 is an FO but the other Ernest Fie on another page
Are you aware people did double registration with different names. It can be done, Afari Gyan admits.
Even with the biometric registration, Addison points out. Yes they can, but we can discover that, Afari Gyan says.
Addison hands him an exhibit to look at and tell the court what he has.
He says it an extract from a register but he adds that as a matter of law, no extracts should be made without the express permission from the EC.
Afari Gyan says he wants the original register and not the extract. Addison tells the witness to take the extract home and come back tomorrow so he will ask his question on it. Besides his lawyers have seen the extracts and have no problem with it, he adds.
Controversy over a list in P series to do with duplicate serial numbers.
Tsatsu Tsikata is up. He fires at the Petitioners for providing a 74 page list in P series which is pregnant with errors. He says it is the third time they are having to reject the error impregnated list and it will be the last. They will not dignify this worthless P series with anymore of their time. He says when the Petitioners offer to tender that document they will not object to it in anyway for all its worth.
Bamba who is sitting in for Tony Lithur as first Respondent associates himself with the views expressed by Tsikata.
Quarshie Idun says whatever document is brought they are ready to have it tendered.Addison fires back. He says his IT staff went through great pains in compiling that document but with the pressure on their heads they omitted a single information which then affected the entire list. He expresses surprise at the conduct of Tsikata, a man he says took two weeks chirping over duplicates and triplicates. He adds that Tsikata used 4000 pink sheets in his cross examination of the Petitioners’ witness and in all that the Petitioners cooperated with them. He finds it strange that Tsikata will now turn around to complain his time is being wasted.
Hearing is adjourned till tomorrow to make way for the live coverage of the Satellites Match.
Source: Myjoyonline

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