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Attempts by the Electoral Commission(EC)to introduce new evidence in court Thursday, was shot down by Presiding Judge, William Atuguba. He upheld objections raised by lawyers for the petitioners.
Lawyer for the EC, which is the second respondent in the election petition currently before the Supreme Court, James Quarshie-Idun, sought to tender in evidence pink sheets of a polling station named "Presby JHS code number H23 0401", where New Patriotic Party's 2012 Vice presidential candidate and key witness, Dr. Mamaudu Bawumia, voted.
Mr. Quarshie-Idun had sought to cross-examine Dr. Bawumia on that polling station's pink sheets. But the petitioners lawyers objected to it describing it as an attempt to spring up surprises on them in court.
According to Mr. Quashie-Idun, it was part of 26,000 pink sheets used by the E.C to declare the winner of the 2012 election results. He was supported by Tony Lithur, counsel for first respondent, President John Mahama, and Tsatsu Tsikata, who is representing the National Democratic Congress (NDC).
But the lead counsel for the petitioners Phillip Addison, raised an objection saying his colleague was engaging in "ambush litigation". He accused counsel for the second respondent of "springing pink sheets" in court that were not part of the affidavits and therefore not in contention.
"We are not contesting 26,000 pink sheets", he emphasized, "but rather 11,842" and challenged Mr. Quashie-Idun to "fish out" any pink sheet among these pink sheets as "an example" for his cross-examination.
Counsel for the petitioners questioned the relevance of using Dr. Bawumia's polling station especially when that polling station was "not in contention".
He said though "ground rules" for litigation required that each party filed affidavits, the E.C did not submit any and is therefore bound to use only affidavits submitted by counsel for petitioners.
In his ruling, Presiding Judge William Atuguba said that "by a majority of 6 -3, objection was upheld".
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