Friday, July 05, 2013

AFARI-GYAN GRILLED OVER UNSIGNED PINK SHEETS

Nana Akufo-Addo & Dr. Mahamudu Bawumia surrounded by NPP sympathizers

Posted on: www.dailyguideghana.com
By William Yaw Owusu
Friday, July 5, 2013

The volumes of unsigned pink sheets filed as exhibits by the petitioners in the ongoing Presidential Election Petit
ion appear to be rising beyond what Dr. Kwadwo Afari-Gyan, Chairman of the Electoral Commission told the Supreme Court.

The EC boss in his evidence-in-chief had testified that only 905 of the 26,002 polling stations pink sheets representing 3.5 per cent were not signed by the commission’s Presiding Officers who supervised the December 2012 presidential elections.

Dr. Afari-Gyan went ahead to state categorically that even if the 905 unsigned pink sheets were taken into consideration, it could not affect the declaration of the presidential election results which made John Dramani Mahama, 1st respondent in the petition outright winner with 50.70 per cent of the valid votes cast.

However, when the EC boss resumed his cross-examination yesterday after several hiccups due to the pink sheets disagreement, Philip Addison, lead counsel for the petitioners handed him volumes of pink sheets which all except one, were not signed by the Presiding Officers and all the pink sheets were outside the 905 claimed by Dr. Afari-Gyan.

The EC boss admitted they were unsigned saying “My Lords, they were all not signed.”

Mr. Addison after getting Dr. Afari-Gyan to admit different sets of pink sheets that were not signed by the presiding officers then tendered in evidence each of the lists through the witness without any objection from counsel for the respondents.

The list included 179, 182, 55 and 114 which were all outside the 905 which have already been tendered in evidence.

Mr. Addison later alerted the court that after sorting the lists out with the respondents legal teams as directed, they (respondents) disagreed with them on some of the pink sheets in relation to the KPMG report but added that “we have not abandoned those ones…we are going to bring them later.”

Objection
The major objection of the day was raised by James Quarshie-Idun, lead counsel for the EC when Mr. Addison introduced a list of seven pink sheets that were also unsigned.

“My Lords, we have gone through this list and the 7 do not tally with what was captured in the KPMG report,” EC counsel insisted before Tony Lithur, representing President Mahama added that asking questions on the set of pink sheet could be “highly prejudicial.”
NDC gurus
Tsatsu Tsikata, representing the ruling National Democratic Congress (NDC) entered the fray insisting that “we have no idea when these pink sheets were generated,” and added that “we have evidence that additional pink sheets were introduced, an evidence which have not been challenged,” and said “we cannot have a situation where newly generated pink sheets will be added.”

Owusu vrs Tsikata
Justice Rose Owusu, a panel member cut in to say that it was the polling station that mattered and not the exhibit numbers and said if the polling station could clearly be identified but had exhibit numbers mixed up it might well be accepted.

Mr. Tsikata then told the court that “it is not open to any of us as it is now to reconstruct the case of the Petitioners” and said that the Petitioners had categorized their allegations into 24 but it appeared a new category had been introduced.

“The KPMG report has captured a completely different polling station for exhibit MBG and if you are looking at the polling station name, the report captures it as under MBF, a different category. So my Lord this is a mess,” he argued.

He said the pink sheets now labeled as MBG which the Petitioners were intending to cross examine Dr. Afari-Gyan on, was found in the KPMG report as MBF and that was unacceptable saying “We cannot as we speak have the Petitioners seek to re-label their exhibits.”

Justice Owusu came in again saying “In fact in this case what we are actually dealing with are the polling stations so if that polling station is captured then whether is somewhere marked exhibit MBK and another place marked as exhibit KYX, it is not very material if the same polling station is what we are dealing with,” but Mr. Tsikata stood his grounds and said the exhibits could not be re-categorized since the petition had not been amended.

When the argument became heated Justice Owusu said she remembered Dr. Mahamudu Bawumia testifying that they had problems with the labeling and after rechecking they had to re-label some of the categories but Mr Tsikata again said the court needed to go strictly according to what was deposed to by the petitioners.

Gbadegbe’s Advice
Justice Sulley N. Gbadegbe then said “I think that at the end of the day that is why we are here, you address us and point things out to us because it is like evidence being led by person contrary to his case, at the end of the day, you point it out to the judge,” but Mr. Tsikata again said that would be too late.

Justice Doste came in at a point to emphasize Justice Gbadegbe’s point that those issues needed to be used in the addresses.

Lithur Comes Back
Mr. Lithur came back again and said the respondent had concluded their cross examination and had begun writing their addresses and those addresses were based on 24 exclusive categories of irregularities and therefore any change in labeling and categories was going to affect their case.

Mr Addison then responded to the objection saying that there was no generation of new pink sheets  adding “if we were generating new pink sheets, we will not find thee counterpart in the KPMG report.”

“ Each of these pink sheets are reflected in the KPMG report and my Lords, we have indicated the corresponding KPMG exhibits on the lists that they have. 
Unfortunately, my learned friends are referring to some other exhibit number which we haven’t referred to. We all know that there have be duplications but we have taken the trouble for each of the pink sheet to indicate the corresponding  KPMG pink sheets. It is there on the sheet and my learned friend is quoting some other exhibit number.”
NPP gurus
Baffoe-Bonnie’s Reminder
Justice Baffoe-Bonnie reminded Mr. Addison that the petition bothered on particular categories and said “you want us to put all the exhibits together and start sorting out the categories,” adding “what  is important was what was counted under the categories.

Justice William Atuguba then said “I want to be clear about this, it appears Dr. Bawumia tendered in evidence the list of categorization or something… I want to just be clear about that. See that was a problem you created, the moment he did that you should have tendered that list  and then it would have solved this problem because throughout his evidence, he there were mislabeling and he had re-categorized some but if the list was tendered, it  would have facilitated things because as for KPMG we have to distinguish between the two exercises .KPMG was to find out how many exhibits were delivered but the mutations in evidential course of the trial will not be reflected there if evidence was led on it, it holds and so it could be used to ascertain the true position because it was let in evidence.”

Mr. Addison responded that it was the same re-categorization that they sought to tender initially which was vehemently opposed by the respondents and subsequently rejected by the court.

Ruling
After the break, the court unanimously overruled the objection indicating that it was pre-emptive since Mr. Addison had not even put any question on the re-categorization to Dr. Afari-Gyan.

Mr. Addison later abandoned the list of seven pink sheets saying “in order to make progress, we will deal with the non contentious issues.”

He then introduced another batches of unsigned pink sheets for Dr. Afari-Gyan to go through and confirm which the commissioner did and in each instance admitted they were unsigned.

It was at this point that counsel told the court that the pink sheets being shown to the witness were all outside the 905 after Justice Baffoe-Bonnie had sought clarification.

‘I didn’t Understand’
Mr. Addison: Dr Afari-Gyan, you were to provide us with the list of 905 pink sheet where you admit that there were no signatures, do you have it with you?

Dr Afari-Gyan: Yes my Lord I do.

Mr. Addison: Can you point out t o us where we will find this list of 905 polling stations.

Dr Afari-Gyan: My Lords I remember that we said we had already provided this information to the petitioners and if my memory serves me correct, one of my Lord’s said supposing they change the first page and give it to you, you will accept and I remember counsel saying yes and this is precisely what we have done, they are here. My Lord when we received the allegation that some pink sheets had not been signed by presiding officers. We took those pink sheets that were alleged not have been signed and we listed them one by one and then we indicated whether they had been signed or not signed. I did indicate that some of them were signed at the instance of the retaining officer at the collation center so there will a difference between the ones that they had and  the ones that we had and that the ones that we had that were signed were contained in this document. This is the document that we have produced.

Justice Jones Dotse: The question is can you identify the pink sheet from this list that qualify to the 905 that you claim had not be signed. On this list contains only those polling station.

Dr. Afari-Gyan: It contains the constituency, the results the petitioners claim to be unsigned, the number that according to our records have been signed by presiding officers and the number not signed by presiding officers. So all the data is in there.

Justice Paul Baffoe-Bonnie: you were asked to provide a list of pink sheets which where not signed after the presiding officers or retaining officer. The 905 which you admit were eventually not signed according to him, you agreed to provide that list.

Dr. Afari-Gyan: My Lord I did not understand the request to be that.

Justice Sophia O. Adinyira: in my thought, Mr. Addison was looking for something else. I thought he is asking for pink sheets which were unsigned at the polling station but were signed at the collation centre at the request of the presiding centre. Is that what you want?

Mr. Addison: No my Lord, they said there were 905 unsigned pink sheets and we said they should give us a list of those unsigned pink sheets that they admit that they are unsigned. My question is can you tell us the pages we can find the 905 list of polling stations that are unsigned.
Gloria Akufo - NPP
Dr. Afari-Gyan: Pink sheet by pink sheet I can’t. I can tell the number of pink sheets that have been signed but if he is making reference to specific pink sheets, I cannot but I cannot tell you what the specific pink sheets are.

Justice Rose Owusu: I thought that was the main reason why we gave you time to produce the 905 pink sheets which had not been signed that was the purpose off the exercise.

Dr. Afari-Gyan: But my Lord I did not understand the point to be that.

Quarshie-Idun: My Lord if I may make an observation here. If you recall we tried to produce the document we prepared after receiving the further and better particulars. When we filed a verifying affidavit to which we attached the document as an exhibit stating that out of the X number that they claim were not signed, 907 were signed. Mr Addison objected on the grounds that they had amended their answer and so that fell to the bottom of the sea so our amended answer also few to the bottom of the sea and could not be referred to and then the question was asked so that if that cover page which referred to the affidavit was removed, would you accept it? And the answer was yes and that is what the witness is holding in his hand. He claimed that the verifying affidavit could no longer be referred to so we removed the cover which referred to the verifying affidavit and we have the document which we have earlier filled and we can check from the records my Lord.

Justice Rose Owusu: Mr Quarshie-Idun, how did he arrive at the figure 905? These pink sheets have been identified so what is his difficulty in listing them?

Mr. Quarshie-Idun: My Lord when we received the further and better particulars, this document is the result of the inquiries we did to come to the 905 that has not been signed and that is what he has in his hand.

Justice Rose Owusu: So do you expect him to go flip through the papers to find what and what totaled the 905?

Quarshie-Idun: the document has the list of polling stations and an indication of whether they were signed or not my Lord.

Justice Rose Owusu: that is what he says point out to that page.

Dr. Afari-Gyan: My Lords, that will take some time but I could do that

Justice Rose Owusu: you can do that today so we jump onto something else and then maybe during the lunch break, we give you time to do that.

Justice Jones Dotse:  Dr Afari-Gyan does this list contain a list of more than 905 pink sheets or polling stations?

Victor Adawudu & Nana Ato Dadzie both from NDC
Dr. Afari-Gyan: It will contain about 2009 polling stations.

Justice Jones Dotse: Now if it contains that number, can you indicate at your own time the 905 by marking them

Dr. Afari-Gyan: My Lord I can easily do that

Mr. Addison: Take a look at these pink sheets. Dr Afari-Gyan you have in your hands pink sheets from the Q series. They related to duplicate serial numbers and no signatures but for our purposes today, we dealing with no signatures. Can you go through these pink sheets and confirm that they don’t have any signature of the presiding officer.

Dr. Afari-Gyan started going through the each pink sheet carefully.

Dr. Afari-Gyan: My Lord i have look at all of them and none of them have been signed by the presiding officer.

Mr. Addison: from the list you have there are 179 pink sheets

Dr. Afari-Gyan: But the list started from 601-779, they are not serially numbered so I cannot tell.

Mr. Addison: Now I’m further suggesting that this list of 179 unsigned ink sheets are not included in the 905 that you admit have not been signed

Dr. Afari-Gyan: My Lords I will not be able to tell without checking.

Sitting continues on Monday July 8, 2013.

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