Audio By Carbonatix
It was yet another grueling encounter on Day 17 of the Presidential Election Petition with lead Counsel for the Third Respondent Tsatsu Tsikata being warned by one of the judges to calm down and “mind your language.”
Tsikata in an attempt to fend off a persistent objection by Philip Addison to the tendering of a document described the petitioner’s lawyer as being “retrograde”.
Brains were racked, wits traded and emotions apparently took over at some point.
The judges had thrown out an application filed by Tsatsu Tsikata on his own behalf as counsel for the third Respondent and on behalf of the two Respondents to cross examine witnesses of the petitioners who had come by affidavits evidence.
Justice William Atuguba ruled that they have enough evidence to rule on the matter before them and did not need extra information from the witnesses Tsatsu and the respondents were seeking to bring into the witness box to cross examined.
Addison felt relieved by the ruling and thanked the panel; “As it pleases your Lordships”, Tony Lithur said. The Justices were in no mood to even accept two of the witnesses the petitioners had acceded to in their opposition to the application to be cross examined. Atuguba said they were not ready for "all those things."
It was a genuine setback to the Respondents who had for the sake of “fairness and justice” wanted to cross examine the witness but Tsikata had to go ahead, nonetheless with his cross examination.
He had finally received the counterpart copies of the pink sheets with duplicate serial numbers and in the order in which he presented to the petitioners. He was ready to cross examine the witness but then came another setback this time induced by Addison’s objections.
The petitioner’s lawyer insisted that Tsikata must tender the document before asking questions from it, something he was not ready to do.
He told the court that he could not tender a document owned by the petitioners and neither could the petitioners tender the same during his cross examination.
He said it was his cross-examination and must be allowed to go ahead.
Addison would not allow that. He said the document must first be tendered before Tsikata goes ahead. The issue was thrown to the 'wise men' who drew a tie in their ruling. Four of the judges wanted Tsikata to tender the document the other four did not. The presiding Judge by the powers vested in him and citing Evidence Decree decided the tendering of the document be deferred.
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