The Constitutional Court in Lilongwe has rejected a move by witness for the second respondent, Malawi Electoral Commission, Sam Alfandika to use new original tally sheets in re-examination.
Alfandika wanted to compare security features in reserved tally sheets with which first and second petitioners through their lawyers Marshal Chilenga and Modecai Msiska took MEC to task for using some fake sheets during the past elections.
Making the ruling, Justice Dingiswayo Madise said allowing Chokotho to use the original document would be unfair and is tantamount to trial ambush.
Initially, MEC was expected to file in court the documents before hearing on the case began but it never did.