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Opinions of Saturday, 27 April 2013

Columnist: Sarpong, Justice

May Day, May Day, EC Lawyer Idun Calls For A Rescue

The EC Lawyer in the on-going election dispute has not given a good account of his legal prowess as he gets rattled very easily anytime Dr Bawumiah answers a question that he did not get an answer he was expecting and this brought into memory the boxing match between Sugar Ray Lonards and Roberto Duran on November 25th, 1980 who after getting hit so hard in the middle of a round 8 turned his back to Refree Octavio Meyran and told his corner, "NO MAS, NO MAS" in Spanish meaning NO MORE, NO MORE as Lawyer Idun did at 3:30PM yesterday after getting stunned with an answer he was not expecting.

The first time was after Judge Atuguba has warned Dr Bawumiah to stop his superfluous theatricals. Quarshie-Idun after this requests for a recess which was denied on the grounds that, it was not even 1230. judge Atuguba asks him to proceed until 1230.

"Quarshie Idun then goes ahead and asks the witness if what he has read did not contradict his earlier evidence that biometric voting was only through finger print verification. Bawumia disagrees and says the law on biometric verification is clear and makes exceptions only for people with disability. He says his evidence pleaded was in relation to the able bodied voters who had to be properly verified before voting but were not. He gives the total number of disability voters in that category to be 3,196 and who were potentially excluded from the normal way of biometric verification. He sarcastically again asks counsel if he could provide him with details of disability voters who should be excluded from the normal way of biometric verification."

"However, Justice Atuguba intervened saying: “Your theatricals are superfluous”, adding that: “Give a direct answer to his questions, thats all”."

What? “Your theatricals are superfluous”,? This Judge instead of keeping his card close to his chest is beginning to show his hand by always scolding Bawumiah when the Respondents Lawyers open themselves with open questions that allow Baqumiah to make statements. When Quashie-Idun asks crisp questions, he will get crisp answers but when these trained Lawyers continue to make mistakes by asking questions that give Bawumiah the right to make statements, then Judge Atuguba should not intercede on their behalf for their own mistakes.

Justice Atuguba, are you part of the Respondents lawyers? Allow the so called geniues lawyers from the Respondents, Lithur, Tsikata and Idun to raise objections if Bawumiah is making statements instead of answering their questions. The problem is not Bawumiah but the Respondents lawyers who ask open questions that lends themselves for explanations.

Justice Atuguba cannot insert himself as part of the Respondents lawyers. He is the Presiding Judge amongst the nine Justices sitting on this case but he seems to be frustrated because Mahama and Ndc has lost all objections they have raised when the Justices have taken a vote to rule.

I really respect Lawyer Addison by not arguing with Atuguba because he could have come in and defended his client, Bawumiah's right but doing so would have angered some Judges who would have thought Addison is showing Atuguba up. When you have your hand in the mouth of a Rotweiller, you should not make it 'mad' and lawyer Addison is too smart a lawyer not to know this.

"Quarshie Idun goes ahead with his cross examination. He asks witness "Are you saying in your evidence that at anytime you see a blank space it is equivalent to zero?" Bawumia answers and says, in the context of over voting a blank space could mean zero. This is where lawyer Idun could have cut Dr Bawumiah off and said, "YOU HAVE ANSWERED THE QUESTION" but instead allowed him to rattle on with this; "He says the easiest way to hide over voting is to leave a portion blank so that it will be difficult for people to ascertain whether or not there was over voting. "Quarshie Idun says the portions that were left blank were only an omission in completing the forms."

Was this statement necessary, Lawyer Idun leaving yourself open for Dr. Bawumiah to hit you with this uppercut;

"Bawumia answers and says it was an omission that led to over voting."

STUNNED WITH AN UNEXPECTED ANSWER, IDUN ASKED THE COURT TO CLOSE FOR THE DAY, ONE AND HALF HOURS BEFORE THE USUAL CLOSING TIME, THE "NO MAS NO MAS" EPISODE.

"At 1530 Quarshie Idun asks for proceedings to be adjourned. Presiding judge Atuguba reminds him that the time is not even 16 hours and asks the reason for call for adjournement. Quarshie Idun says fatigue has set in. Atuguba asks if sitting down for his cross-examination will mitigate the fatigue. He answers no. Another judge on the panel suggests to Quarshie Idun to allow a member of his legal team to continue with the cross examination but he objects to that suggestion. Another judge again humorously suggests if he will allow a counsel on the other side to take over his cross-examination? He says “appearances may be deceptive.” Judge Atuguba then grants his requests for proceedings to be adjourned to Monday, April 29, 2013 at 9:00 am.

Quarshie Idun can't be tired but "WA PEM" wall, and he needs a recess so that he can consult the other lawyers what questions to ask since he has been stunned again by Dr Bawumiah's answer.

"Another judge again humorously suggests if he will allow a counsel on the other side to take over his cross-examination?"

That is really funny and making fun of a lawyer who seems to have hit a wall going ninety miles per hour and hitting a wall knocking himself out. Asking the court to close proceedings at 3:30 pm on Thursday until Monday after trying so many times to sneak sneak pink sheets that have not been tendered into evidence.

I can't wait to see Addison recross of Dr. Bawumiah when all the so called good works done by Lithur can be explained with pink sheets showing real over voting and people voting without verification.

Justice Sarpong

(CARDINAL of TRUTH)