Counsel for petitioners, Philip Addison has been compelled by presiding judge William Atuguba to end his re-examination after he took “a bad gamble” in tendering exhibits that had not been properly labeled.
Early on, he served notice that he had finished his re-examination pending a determination by the court to be allowed to clarify allegations from Tsatsu Tsikata that Bawumia’s evidence was ripe with mis-categorisation errors.
Addison appeared to be done with his re-examination. The wait for a ruling was long. But it came – It was 5-4 in his favour but the pretty uneventful court proceeding was turned on its head.
He could proceed, after the ruling, but his victory was short-lived. Respondents objected to him tendering a list of 702 polling stations that sought to correct errors discovered by Tsikata during his cross-examination.
The list was arranged by polling station number, constituency and everything according to Addison except – exhibit numbers.
Lithur, Tsikata, Idun were up in arms.
Tsatsu said the list did not have any exhibit number. “It has been smuggled in”, he pointed out. Lithur added that if this is admitted in we cannot even find its counterpart. "We need to know which exhibit they are moving", Lithur announced.
The presiding judge Atuguba sustained the objection.
Addison prays that the court give petitioners leave to come back tomorrow with properly labelled exhibits. It is in the interest of justice, he says.
But Justice Atuguba says Addison has "taken a bad gamble" and rules that he cannot continue tomorrow.
Addison is stunned and peeved. Justice has been denied him, he complained. He feels he has been denied justice "through the back door".
This was not in the “interest of justice”, he questioned Atuguba’s ruling and complained that the court was “curtailing his re-examination”.
"We have tried to be tolerant but we cannot take dictation from the bar," Atuguba warned.