Tuesday, 18 June 2013

ADDISON WARNED FOR SHOWING MISCONDUCT TOWARDS THE BENCH, THE ENQUIRER,, THURSDAY 13TH JUNE,2013









By Felix Engsalige Nyaaba
The justice hearing the presidential election petition case,  yesterday for the  last  time warned  the lead counsel for the  petitioners , Mr. Philip Addison, that a contempt  case would be made   against  him  if  he  continues to misconduct  himself before the court .
According to Mr. Justice William Atuguba, president of the panel, the constant unprofessional misconduct by counsel for the petitioners by using unpalatable language and insinuation to the bench of bias towards him was highly unacceptable and if he fails to refrain from it the court would have no option than to apply the rules of contempt.
The court further stated that Addison would also be referred to the disciplinary committee of the legal council if the misconduct continues unabated.
“I think,   I have listening to all sides, but let me say that, not every thing that the bench requires to comment, and even if it does, it comes in general terms.
What counsel (Addison) is trying to say is that the bench have not been fair to him, I do not take it lightly, this therefore means that we would have to apply the rules of the court on both sides of the law, we can cite you for contempt and also refer you to the legal council disciplinary committee,” he stated.
The court warning arrived when lead counsel for the petitioners, Mr. Philip Addison and the Mr. James Quashie-Idun, lead counsel for the Electoral Commission locked horns, over the admissibility of some documents from the EC through the witness, Dr Afari-Gyan.
Mr. Addison has shown some voters registers alleged to be from Adaklu polling station s in the Volta region to prove a claim of double registration.
The documents were objected to by counsel for the EC, on the grounds that the authenticity of the registers were in doubt because they were coming from the EC and also not the original hard copy of the register that was given to the petitioners political party.
However, after failing on several attempts to convince the judges as well as the respondents counsel over the documents, the petitioners counsel raised the issue of unfairness towards him from the bench which therefore attracted the judge’s angers.
Several attempts by members of the panel, including Ms Justice Rose Owusu, justice Jones Dotse , justice Baffoe Bonnie and Justice Vida Akoto Bamfo, with  intervention to let counsel understand the position of the respondents grounds of the objects failed .
Mr. Addison went on and made comments to the effects that the intervening by the judges with comments and explanation was an act of unfairness toward him whenever he has to battle with the respondents.
But the court took exception and warned him, as well as all the legal counsel in the case to be circumspect  their conduct before the court, adding that the court would not hesitate to sanction the law of contempt if those  indiscipline behaviors continues to  wear its ugly heads in the court.
The documents which Addison sought to tender were polling station registers from Adaklu and Afadjeto constituencies which the petitioners claimed recorded several double registration of voters.
According to the petitioners, the EC used double registered voters in the 2012 election which was contrary to the evidence given by Dr Afari-Gyan, the returning of the presidential election and witness for the EC.
Dr Afari-Gyan refuted the allegation and told the court that the petitioners were given both hard and soft copies, but pleaded with the court to allow   him to counter check from the EC office and compares the two documents to authenticate the them.
Parties Battle over Variety of Pink Sheets.
Counsels from both sides of the election petition case yesterday locked horns on each other with legal argument over the number of pink sheets the petitioners filed and the type of exhibits served onto the respondents.
The issues which was earlier debated on Tuesday June11, was regenerated in court when petitioners counsel made attempt to reintroduce similar pink sheets in court.
According to the respondents’, the exhibits the petitioners sought to tender through the witness was completely different from those that they were served with and therefore cannot be admitted through the witness in court.
Addison
Lead counsel for the petitioners has shown the Dr Afari-Gyan   with some polling station results booklets also known as pink sheets to identify and confirm, of over voting.
According to counsel the figures on those pink sheets do not confirm the explanation given by the EC witness that certain numbers on the face of the pink sheets constituting over voting were entered in errors.
Quashie-Idun
Counsel for the second respondent, the EC disagreed to the tendering of the exhibits through the witness and objected to the questioning of the witness on figures from those pink sheets.
He contended that, the exhibits the petitioners sought  the witness to identify and confirm the figures was not known to them,  adding that the exhibits were not part of those served onto the EC  and that the petitioners could  ask the witness question on them.
He stated that the exhibits have different numbers and different polling station names as well as their code numbers and that the petitioners were introducing new exhibits.
Tony Lithur
Lead counsel for the first respondent, President John Mahama also endorsed the EC counsel arguments and said upon careful examining all the exhibits that the petitioners filed and served onto them, the exhibits intended to show to Dr Afar-Gyan was different from what are with them.
He argued that, apart from the different names of polling station and codes numbers, most of the exhibits have not been filed at the court.
He told the court until the KPMG report is made public to ascertain the numbers and names of the exhibits the petitioners have filed , it would be difficult for the respondents to agreed with the documents be sought to tender through the witness after the petitioners have close their case and was only doing cross examination.
Tsatsu Tsikata
Mr. Tsikata, lead counsel for the National Democratic Congress (NDC) also agreed with the first and second respondents counsel, on the grounds that the petitioners were conducting pretentious litigation which in his view is an attempt to mislead the court.
He said at all material time since the day Dr Mahamudu Bawumia, the second petitioner was cross examined, it was made clear to the petitioners that the respondents did not receive the number of exhibits they claimed to have had filed before the court, adding that it was as a results of their confirmation that KPMG was ordered to conduct audit counting into the number of exhibits and their names that the petitioners filed.
Addison
But counsel for the petitioners dismissed the respondents claims that they were serve with all the copies of the exhibits, adding that the petitioners filed a total of 11,842 polling stations results pink sheets and that if the respondents  have not receive all the copies it was up to them to approach the court register for the remainder.
He argued that the failure of the respondents to disclose the number of pink sheets the receive so the petitioners can serve them with the rest was a contributing factor and prayed the court to dismiss the respondents claims of not been serve with adequate exhibits.
Dr Afari-Gyan was been cross examined on his sixth day by the petitioners counsel on wide ranges of allegation of double registration, over voting , voting without biometric verification devices and the non signature of polling station officers on the pink sheets.
He however denied the entire allegation, with the examination that they were palpable errors committed by official of the EC who were just recruited for the purpose of the lections.
The chief returning officer and Chairman of the Electoral Commission though admitted the errors, adding that those errors could not have affected the outcomes of the election and that they human errors which any institution could experience.
Minor voter
Dr Afari-Gyan on cross examination told the court that, though the commission recorded minor voters during the mass registration exercise, some of them were removed with the assistant of their parents and the public.
He denied that minor were allowed to vote in the 2012  general elections, saying the EC has no capacity to detect a voter age, unless the facility is giving to the commission.
Answering question on the allegation that some minors were allowed to vote in certain parts of the country, the EC boss said there was no record of minor voting in the lection.
He explained to the court, after the general registration exercise, the EC conducted a  clean up exercise on the register and during that time those found to be under age were removed but those the EC cannot tell by the look of their face were compiled in the register.
Dr AfariGyan also denied the allegation that the non signature of poling station officer could amount to malpractices, saying that the officer could be induced not to sign just as any persons who could be induce.
He noted that at the polling station the presiding officer has discretional powers as to what constitute an invalid ballot paper and that the allegation of ballot papers not stamps have no effects on the results.
The case has been adjourn till today for the continuation of the cross examination by the petitioners counsel.

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