AFARI GYAN SAYS THE DOCUMENTS LOOKS LIKE A TAMPER EVIDENCE ENVELOPES. ADDISON ASKS WITNESS TO CAREFULLY EXAMINE THE INSCRIPTIONS ON THE THREE ENVELOPES BEFORE HIM. APART FROM WHAT YOU READ, WHAT ELSE IS ON THE ENVELOPE, ADDISON ASKS. OBJECTION: QUARSHIE IDUN SAYS THE WITNESS CANNOT ANSWER SUCH A QUESTION. HE SAYS THE BAGS OR ENVELOPES IN FRONT OF THE WITNESS IN NOT IN THE PLEADINGS, IT HAS NOT BEEN TENDERED IN EVIDENCE AND CANNOT BE ALLOWED. HE ADDS THAT THE BAGS OR ENVELOPES ARE BONAFIDE PROPERTIES OF THE EC WHICH MAKES IT CURIOUS HOW THE PETITIONERS GOT THOSE MATERIALS. TSATSU TSIKATA JOINS IN THE OBJECTION HE SAYS ALL MATTER OF IRRELEVANCIES ARE BEING USED BY THE PETITIONERS IN THIS CROSS EXAMINATION. HE SAYS IF PETITIONERS WANT TO AMEND THE CASE AND MAKE BAGS A CENTER OF THEIR CASE THEY SHOULD SAY SO. HE ARGUES THAT THE TIME OF THIS COURT IS BEING WASTED. MATTERS THAT HAVE NOT BEEN PLEADED AND NOT BEEN PUT IN EVIDENCE ARE BEING ASKED. THIS KIND OF CROSS EXAMINATION IS NOT CONSISTENT WITH THE CONDUCT THE COURT HAS SPELT, HE POSITS. TONY LITHUR IS ALSO UP AND AGREE LARGELY WITH THE VIEWS SHARED BY TSIKATA. ADDISON SAYS HE WILL NOT COMMENT ON THE STATEMENTS MADE BY THE TWO COUNSEL. HE SAYS BOTH HAVE BEEN BARRED TO MAKE COMMENTS DURING HIS CROSS EXAMINATION AND WILL THEREFORE NOT RESPOND TO THEIR QUERIES. ON THE SUBSTANTIVE OBJECTION, ADDISON SAYS IT DOES NOT MATTER HOW THE PETITIONERS GOT THE ENVELOPES. HE SAYS THEY COULD HAVE STOLEN IT OR GOTTEN IT THROUGH ANY OTHER MEANS, ADDING THERE ARE AUTHORITIES HE COULD CITE WHICH WILL REINFORCE HIS POSITION THAT IT IS THE RELEVANCE OF THE DOCUMENT OR MATERIAL THAT IS TO BE TENDERED THAT IS IMPORTANT AND NOW HOW THE MATERIAL WAS OBTAINED. HE ADDS THAT HE CANNOT BE LIMITED TO HIS PLEADINGS DURING CROSS EXAMINATION WHEN THE WITNESS BEFORE HIM HAS NOT SWORN TO ANY AFFIDAVITS OR PLEADINGS. HE EXPLAINS THEY ARE BRINGING THIS DOCUMENT TO CHALLENGE THE CREDIBILITY OF THE WITNESS WHO SAID THAT NOT ALL MATERIALS OF THE EC HAS SERIAL NUMBERS. THE JUDGES PONDER. RULING: BY 6-3 RULING THE JUDGES OVER RULE THE OBJECTION. ADDISON ASKS IF WITNESS CAN IDENTIFY BY NUMBERS WHAT HE HAS IN HIS CUSTODY. QUARSHIE-IDUN IS UP. HE SAYS THE ENVELOP IS NOT IN EVIDENCE. ADDISON SAYS HE IS NOT TENDERING THE DOCUMENT. HE IS ONLY ASKING HIM TO IDENTIFY BY NUMBERS. AFARI GYAN ASKS TO MAKE TWO OBSERVATIONS BEFORE ANSWERING THE QUESTION. ADDISON INSISTS THAT HE ANSWERS THE QUESTION BEFORE MAKING THE OBSERVATION.
Posted on: Tue, 11 Jun 2013 12:31:42 +0000
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