The Petitioners in the ongoing Presidential Election Petition will present a final motion to the Supreme Court seeking an order to direct auditing firm, KPMG to conduct a total unique count of pink sheets from the available evidence filed.
It will be Day 40 of the Petition which has seen many twists and turns, wits at play, intermittent anger on display and some jail sentence too.
1100 Proceedings begin.
The Panel of judges have take their seats. The counsel have done same and are introducing their team of lawyers to the bench.
Another Summon
Presiding Judge William Atuguba is unhappy. He says it is not a pleasant thing for them to be summoning people but they have been left with no choice. He says The implications of failing to fulfill that duty of summons can be grave. He says subsequent to the initial sanctions taken, there has been moderation but more terrible things are coming. “Some of the publications are contemptuous.” He cites the front page story of the Enquirer newspaper and then some audio being played. “In the course of time we shall deal with that”, he adds.
Atuguba also mentions a particular audio in which somebody is threatening to cut the heads of NDC people if the Petition does not go the Petitioners way. He says there is nothing to be gained by championing extremist ideas of the right to free speech. He says limitations are there but people think the right to free speech must be sustained without upholding those limitations.
He says the publication in the Enquirer relates to Sir John. “If we take action and others are provocative and we don’t it looks lopsided.”
He adds they have called for the tape and they will advice themselves accordingly. And the person who talked about cutting of heads will also be dealt with.
Philip Addison
In view of the objection to the pink sheet being used to cross examine the witness, they have sent a letter to the Registrar of the court to provide their copies which were captured by the KPMG report.
One of the judges asks if the Respondents have been served copies of the letter to which Addison answers Yes.
Lithur Responds
Tony Lithur says some of the lists tendered have been forged. He says the Petitioners are creating new exhibits different from the ne that had been filed. He mentions exhibit A which was the list that tendered in court. In that list there were deletions and some cancellations but have the same pink sheets now have different exhibit numbers.
Quarshie Idun says he was given a copy of the letter.
Philip Addison says they are only seeking to use copies of pink sheets that are already in the custody of the court and with the Registrar. Nothing more nothing less.
Lithur comes back saying he is not privy to the said letter. His earlier allegation of forgery is based on a list of exhibits presented to them which he insists have been forged to correspond with the report on the KPMG.
Tsikata is up. He says they do not have a problem if the exhibits being sought for from the Registrar by the Petitioners are in fact exhibits that have been audited by KPMG. He is only seeking clarity on whether all the pink sheets in the custody of the court are now being sought by the Petitioners.
Quarshie Idun says some of the exhibits on the list are not in the KPMG abd they have a problem with that.
Philip Addison says he does not know which list Quarshie Idun is talking about. All they are seeking to do is that those pink sheets which the Respondents have objected to are the pink sheets they are requesting from the Registrar.
One of the judges urges all counsel in the matter to try to bring the matter to a close. He says the general public thinks it is the court that is delaying the process but it’s not. He says the court is being drawn backwards and cross examination is not flowing as it should be
Atuguba directs Addison to hand over all pink sheet exhibits they intend to use for cross examination to the Respondents to peruse.
Addison agrees to do that. The court is to go on recess to allow the Registrar to present the list of pink sheets requested for by the Petitioners. The court will return at 2:00 pm.
But just before the court goes on recess, Afari Gyan is back in the dock to answer if he brought a list of 905 polling stations.
Addison asks witness if he has in his possession the list of 905 polling stations with unsigned pink sheets.
Afari Gyan affirms. He hands them over to the Petitioners. The Petitioners take some time to peruse the list.
Philip Addison says the list does not contain the information they are seeking on the 905 polling stations.
One of the judges asks if the Petitioners want to tender the document. He says the court cannot wait for them to look through a list of 905 polling stations. He says if it is the case that the Petitioners have a problem with the list submitted by the EC, they can tender it and upon tendering raise their concerns. But they cannot keep the court waiting.
Quarshie Idun explains that the list contain 905 polling stations. Afari Gyan also concurs but Addison is still worried.
His worry is that the EC did not make a clearly defined list of 905 polling stations. What they have done is to include some information they claim are not important.
The Petitioners reluctantly tender the document. No objections raised by the Respondents. Hearing goes on recess.
The court is back after recess.
The Registrar’s list of pink sheet exhibits requested for by the Petitioners are currently before the court. The Petitioners are set to cross examine Dr Afari Gyan with those pink sheets.
Afari Gyan is back in the docks.
Addison asks witness to tell the court the number of pink sheets that has been given to him.
Addison asks witness to tell the court the number of pink sheets that has been given to him. 46 Afari Gyan answers
They are paired in sets isn’t it? Addison asks, making it 23 each, he adds. Yes Afari Gyan confirms.
Addison asks witness to tell the court the name of the polling station of the first set. DC Primary Fantefuorkrom, he answers.
Same Serial Numbers
Addison: Can you confirm that the two pink sheets have the same serial number. Yes Afari Gyan confirms.
Addison takes witness through a similar process. Afari Gyan confirms the two pink sheets have the same serial number.
Addison: Can you confirm that each pair of the pink sheets currently before you have the same serial number. Afari Gy
Those Pink sheets not in the P series or categories have other violations apart from duplicate serial numbers.
Afari Gyan says he in no position to confirm it.
One of the judges wants to understand the implication of the different serial number cross examination Addison has taken the witness through. He wants clarity.
Quarshie Idun raises an objection. He says the exhibit number mentioned earlier is not part of the KPMG report.
One of the judges asks Addison whether the pink sheet exhibits were generated from the KPMG report.
Addison affirms the numbers were generated from the KPMG report. He quotes the relevant portion of the KPMG report that bears the exhibit numbers.
Addison continues with his cross examination
Addison asks witness if each of the set have different polling station and names. Afari Gyan confirms.
Addison then asks if he can also confirm that each set of pink sheets has a different results. Afari Gyan affirms.
Addison then tenders the list. There are no objections from the Respondents.
Addison gives witness another of set of polling station and asks him to the tell the number of polling stations.
Afari Gyan gives the number as five. Addison then asks him to name the different polling station number and exhibit number on the five exhibits.
Addison asks witness to confirm if the first three exhibits before him have the same polling name, the same polling station code but the results on each of them is different and have different serial numbers. Afari Gyan confirms.
Addison asks if the presiding officers are different in the first three he had looked. Afari Gyan says two are the same presiding officer and the third one has a different.
Addison: The two that have different presiding officers, are the results the same? No My Lord, Afari Gyan answers.
Addison now goes to the fourth on the list of five pink sheets currently being dealt with by Afari Gyan.
Addison asks the witness to confirm if the two have the same polling station code and name. Yes My Lord Afari Gyan confirms.
Addison: Do they have different Presiding Officers? Yes, different Presiding officers, Afari Gyan says.
Addison: But they have different results but with the same serial number? Yes. They do- Afari Gyan.
Addison then tenders the exhibits. No objection raised by the Respondents.
Addison provides witness another exhibit and asks him to identify it by mentioning the exhibit number. Afari Gyan mentions the exhibit number.
Addison then asks him to mention the polling station name and code. He obliges and mentions.
Addison: Can you say how many votes written for John Mahama. Afari Gyan says 27 is in letters but in figure it differs and its 27 0.
Addison suggests to the witness there is no figure as 27 0 . Afari Gyan says he did not write.
Addison says the zero there is an after thought. Afari Gyan says he cannot say so.
Addison then proceeds to ask him to tell the court the figures the other candidates had.
GCPP it looks like 117
NPP 16419
PPP 0.
Badly executed job Afari Gyan confesses.
Addison says it appears other documents have been superimposed on the pink sheet. Afari Gyan things do not appear the way they appear.
Addison says there are several similar pink sheets like this.
This pink sheet was included in the declaration of results, Addison asks. Its possible, Afari Gyan indicates.
The Petitioners want to use a set of pink sheets but Quarshie Idun says they are yet to peruse those specific pink sheets.
The case is adjourned to tomorrow.
