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Opinions of Tuesday, 23 April 2013

Columnist: Sarpong, Justice

You Can Search Till Thy Kingdom Come---

--hahahaha, I feel like break dancing.

"The analysis is here Counsel…if you are not afraid to look at it, then I’d ask you to look at it and you will search till [thy] Kingdom come and you will not find one repeated"

Lithur is confused and has nothing to counter the Bawumiah analytical numbers.THAT IS EXACTLY THE POINT. That is a knockout blow to Tony Luther's intergrity.There is no double counting and that is the crux of the matter. Tony Lithur is like a Boxer who has been hit in the ring from an unexpected uppercut and is flailing away trying to stay alive. He is floundering with this pink sheet quixotic windmills chasing.What the President's lead Counsel has shown so far is that, he has nothing to counter the numerous voting irregularities that took place on December 7th and 8th of 2012 and has banked his hopes on the double duplications of the pink sheets which has no bearing of the final analysis as Dr Bawumiah has said time and time again.

I am really finding it hard where Lithur is going and what he is trying to achieve because he has not been effective so far with this line of questioning that has yielded no dividend for him and as a matter of fact, he is alienating the nine Judges and incuring their wrath with the delay tactics.

Tony Luther has a monumental problem and the problem is the brialliance of Dr Bawumiah. What Tony Luther has done since he started his cross examination was to impeach Dr Bawumiah that he intentionally duplicated the pink sheets to inflate the numbers of illegal votes which Dr. Bawumiah has efectively parried away as shown below;

"Lithur posits there is "substantial duplication" of pink sheets by the petitioner to make up the numbers. If we count the pink sheets that have been presented we will not have 11, 138 polling station that have been brought before the court. He says the respondents do have only about 8000 pink sheets as exhibits and not the 11, 138 as claimed by the petitioners.

Bawumia insists there has not been substantial duplication to make up the numbers. He adds the respondent's counsel has only brought forward 348 polling station of what he claims to be substantial duplication and that even if 6,000 polling stations were taken out of the petitioners' request, the first petitioner would still win by first round."

Folks, whilst Tony Lithur is implying that, Dr Bawumiah is using let's say 11,000 polling stations to prove maybe 2 million votes as illegitimate, Dr Bawumiah on the other hand is saying whether the pink sheets are 11,000 or 8700 as the court has admitted now, it will not change the 2 million illegitimate votes since no polling station was counted twice. Tsatsu Tsikata having realised that the road Lithur is on is not leading to their destination tried to change course by saying this;

"I respectfully disagrees with the judge and argues that the petitioners brought before the court allegations of irregularities in 11 000 plus polling stations and the court asked them to provide better and further particulars. He says if the petitioners failed to provide exhibits covering 11,000 plus polling stations then it is a case of disrespect to the court. He said the count is an important first step to establish the case of the petitioners."

This was after one of the Judges have said that if it were the case that only 8000 exhibits were tendered by the petitioners then the court could still go ahead to look at the effect of the votes from the 8,000 polling station on the elections. I am really happy the courts are going to look at the evidence and judge accordingly whether it is in favour of the Petitioners or the Respondents as they should.

There is a silent cardinal principle in law that, a lawyer should not ask a Witness a question he the Lawyer has no clue what the answer is going to be and Lithur seems to have forgotten that when he made his second mistake of the day by making a suggestion to the Witness. No lawyer worth his or her salt will leave himself or herself open by asking or suggesting an open question when he suggested this statement;

"Lithur suggests to the witness that the NPP polling agents slept on the job, that if at all there were irregularities then in fact the agents failed in their statutory obligations for which reason the NPP cannot come to the court and request for votes to be annulled."

This kind of open statement by a lawyer that allows a witness to make a statement on a witness stand should not have been made by a lawyer of Tony Lithur's status because a freshman lawyer right out of law school will not leave himself open like this for Dr. Bawumiah to come back and destroy his case with this explanation.

"Bawumia retorts, saying merely because their polling agents were present does not mean if there were irregularities the NPP cannot demand justice. He says if a watchman sleeps on a job and allows an armed robber to carry out a robbery it does not mean the victim who is robbed does not have an option for redress."

This is really fatal on the respondents case. Dr. Bawumiah is too smart for Lithur to give him a chance to answer open questions or suggestions. How Lithur opened himself to be schooled like this is unforgiven.

The whole case was summed up better by Lawyer Addison when he said this;

Lawyer for the Petitioners, Philip Addison said they have submitted a CD-ROM which will show that none of the pink sheets was duplicated in its analysis of the votes.“We are also of the view that there should be an audit of the polling station and the votes. For us what is important is the number of votes, not so much the number of polling stations.”

That is the whole case, counting of the real voting figures that were illegitimately cast and not the number of pink sheets. Now Tony, go ahead and chew on the meaty part instead of licking on the bone.

Justice Sarpong

(CARDINAL of TRUTH)