Friday, May 24, 2013

KPMG FINDS 13,900 PINK SHEETS



Posted on: www.dailyguideghana.com
By William Yaw Owusu
Friday, May 24, 2013.

Report reaching Daily Guide indicate that KPMG, the reputable international accounting firm chosen by all the parties as referee in the count of the number of Pink Sheets used as exhibits in the landmark Presidential Election Petition has found 13,900 of the documents.

It was unclear as at the time of going to press if the exercise had been completed but it was likely to confirm the petitioners’ case that they indeed attached the 11,842 as exhibits.

The Brouhaha
The issue of how many pink sheets were attached as exhibits in the case has become very contentious with the respondents insisting that they did not receive all the further and better particulars as directed by the court.

The request to count the pink sheets was initially made by the NDC before the court, with the consent of all the parties in the petition, gave an order for an independent referee to conduct the exercise.

Just as KPMG commenced the exercise in the presence of two observers each from the parties as ordered by the court, the NDC through its lead counsel Tsatsu Tsikata came to court with a story that the exhibits had been compromised and that the boxes containing the pink sheets had increased from 24 to 31.

In fact, the allegation over whether or not the boxes of the exhibits had been tampered with started right after the court’s sitting on Monday, May 20, when news broke that Mr. Tsikata, Tony Lithur who represents President John Dramani Mahama and later James Quarshie-Idun representing the Electoral Commission (EC) had gate-crashed at the venue for the counting and that they had requested panel chairman Justice William Atuguba to review the order of the court.

According to Mr. Tsikata, there were alleged criminality involved and as a result, they would prefer an extended control mechanism that would take into consideration copies served on at least two panel members to compare with what the pink sheets at the court’s registry.

The issue of whether the petition is being unduly delayed has come up strongly since Mr. Tsikata took over the cross-examination of the principal witness Dr. Mahamudu Bawumia who is also the 2nd petitioner and many are of the view that brouhaha about the pink sheets were part of the ploy to drag the process.

Mr. Tsikata, whose client came into the petition by way of a joinder, is in his 13th day of cross-examination even though NDC’s co-respondents including President John Dramani Mahama and the Electoral Commission (EC) used about three days each to conclude a similar exercise.

Just as he was winding up on his cross-examination, he brought another motion, seeking to  cross-examine some of the witnesses who filed affidavits in support of the petitioners case but the court threw him together with President Mahama and the EC who made similar applications out.
Mr. Tsikata however, has always denied criticisms that his style of cross-examination is designed to delay the process, often accusing the petitioners of presenting exhibits that forced the respondents to ‘dig deep’ in order to counter the petitioner’s claims.

When the NDC complained to the court, the nine-member panel chaired by Justice William Atuguba rejected their attempt to halt the counting exercise.
The court ruled that KPMG should continue with the exercise and any concerns that would be raised by the parties incorporated into the final report.

The accounting firm has the duty of “specifying in respect of each pink sheet, polling station name and its code number and exhibit number if any,” the court stated.

“In doing so the said referee should make a true and faithful count of the said exhibits of pink sheets according to and under the various categories of alleged electoral malpractices in issue before this court.

The court said the professional fees to be charged by KPMG should be shared equally between the parties and added that each party is at liberty to choose two representatives for the counting exercise as observers.

KPMG opted to do the counting free of charge.

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