Counsel for third respondent, Tsatsu Tsikata continues his cross-examination on a new list of 25 pink sheet exhibits.
The list was given to the witness-in-the-box, Dr. Bawumia yesterday to scrutinize. The court adjourned as a result.
Sitting resumes on Tuesday as the nine judges take their seats. Counsel for the parties take turn to introduce their team members. Petitioners and Respondents also introduced in court.
Tsatsu says they became aware of “significant development” yesterday in the “true and faithful” count of the pink sheets that was ordered by Justice Atuguba.
He says it emerged that a number of boxes of exhibits had been added to the boxes they are aware to be in the custody of the registry. Many as seven boxes were added. “It is serious”, he says.
In respect of P-series, they have situation in which the foreign sheets were found. All three respondents have the same number of 24 boxes not 31 as provided for the start of the referee.
He says as at last Thursday when preparations were done, 24 boxes were confirmed by their representative. It is a “matter of criminality”. “We cannot be distracted by criminality”, he says.
They sought yesterday to have an audience with the court with counsel for petitioners. But petitioners did not come along.
Control mechanisms need to be resorted to and widened to include the copies of exhibits distributed to “at least two other Lordships”.
The referees without any of the parties went to check the documents in the registry. He says the referee found three boxes which had been duplicated.
It is not possible to proceed with the count. It will not be “true and faithful”.
Tony Lithur says he was asked to “retire outside” when he visited the counting center because they would be on break soon to discuss any issues. He supports recommendations made by Tsikata.
Quarshie Idun says he had the EC representative was in the counting room. He discussed with Mr. Assirifi who said he would contact Addison and get back to him. He did not get back to him.He also fully supports his colleagues.
Addison is up. He says there is a “sinister agenda” to deprive petitioners of their case. It is the only explanation for this “strenuous” issue.
He says the counting started well. EC was expecting “shortages but found overages”. The respondents then started “cooking up stories”.
Tony Lithur objects to his “cooking up allegations”. They checked 24 boxes. That was not “a cooker”.
Addison continues that they were not aware of any inventory-taking. Maybe they know more than we do since respondents meet with referee “behind [their] back”.
Tony Lithur asks audience to “shut up”. This was not a marketplace, he says.
Justice Atuguba says civil language should be used, not insinuation, but stick to the facts.
Lithur is up. He says “when you are attacking reputations you don’t say maybe”
Addison says Tsikata had confidence in the registrar. “what has happened now?”. He says the respondents kept the number they received a “state secret” but they know the number of boxes in the registry. “It is suprising”, he says.
The actions Tsikata wants in not in the order given by Justice Atuguba. he says representatives are just observers nothing more. The respondents insisted on a count not audit.
Respondents have being playing some strange tactics with petitioners. They asked petitioners to find counterpart serial numbers but they refused to tender it. They are “behaving like children who have been pampered”, and when they get a goal against them ” they say they won’t play again”.
They have interfered with the process. They had no accreditation but they stopped the process.
“We are strongly opposed to this application” he says.
he says he has been informed that they have counted to paragraph 44 and 52. But for the distraction the counting would have finished today.
The allegation is based on a suspicion and nothing more. National Security came to protect the pink sheets without authority of the Supreme Court.
No report has been made by KPMG until respondents “rudely interrupted”. They should make their recommendations to the committee to be included in their report when they finish but not to suspend the count.
What if they [petitioners] also stop the process, he says. If they don’t trust the registry then everything should be in dispute including the boxes with the judges.
Tsikata says what they are asking the Court is to activate control mechanisms set out by the court.
Tony Lithur corrects that they did not stop the process. They asked the deputy Judicial secretary to suspend the process. There was a signed document by all the parties to stop the process.
Addison says it was the respondents who walked out which forced the referee to suspend the count. He says a lot of peoples names have been mentioned by the respondents– registrar and deputy judicial secretry but they the respondents have not put any blame on themselves.
A lady judge tells Addison to leave that issue to the court.
Court rises on recess to consider the issue.
Court return from recess and ruled that the respondents’ concern could be put before the committee supervising the auditing of the pink sheet exhibits to be incorporated into the committee’s report.
Atugaba rules that “concerns raised by respondents can be put before the referee”.
Court goes on break.
Court resumes at 2:45pm
Tsikata questions Bawumia on exhibit NDC 35 and asks him to confirm duplications. Witness confirms.
Tsikata supplies 8 “further list” which goes round the table. There is no objection.
Bawumia studies the list and confirms duplications. But says on 838,840, 870 and 880 they are “pretty much the same” on the counter part list.
Tsakata shows him why they are not the same,838 and 840 are not the same.
Counsel for third respondent, Tsikata gives out another 8 additional list – NDC 47, 48,49,50,51,52,53 and 54. It goes round the table for inspection.
In paragraph 37 of Bawumia’s affidavit, Tsikata says Bawumia made an error in the calculation of over-voting. 320 polling stations are in error. It should have been 310, he says.
Bawumia says he presented an updated analysis in his evidence-in-chief. “we have moved on”, he says.
“When you refer to 310 polling stations in paragraph 58 you were referring to the same matter in paragraph 39” but there is an error in the calculations, Tsatsu queries.
Bawumia confirms and says he has updated his analysis
Tsatsu suggests that in reviewing 24,000 polling stations, Bawumia and the petitioners had 23 categories of irregularities. Bawumia says when petitioners filed the amended petition it was 26 categories.
“You are not telling the truth” by claiming you submitted 11,842 pink sheets. Bawumia insists he submitted that number.
He suggests that petitioners padded pink sheets to deliberately deceive the court. It is “massive deception”
Bawumia rejects claim and says there has been “massive irregularities” that benefited first respondent.
Tsatsu rests his case pending the count by KPMG.
Tony Lithur also says he may cross-examine the witness after the count.
Addison wants to know if Tsikata has finished his cross-examination. He wants Tsikata to be supplied pink sheets he says is not in his affidavit so he can continue his cross-examining the witness.
One judge says that cannot be done now. The court was not using either exhibits received by respondents or given by petitioners.
Atuguba says subject to referee’s report, Tsatsu has finished his cross-examination. He asks Addison to start his re-examination. But he is unwilling. He would like Tsatsu to completely finish his cross-examination.
Addison adds that the referee could finish in a matter of 2 days so he could wait for that so Tsikata can completely finish.
Tsatsu says no, it could take two weeks.