Counsels for both sides in the election petition case have been warned against the use of ?unsavoury? comments at the Supreme Court during their cross and counter-examinations.
The caution came after complaints of the use of such comments by the lawyer for the third respondent, Mr. Tsatsu Tsikata, during his cross-examination of the chief witness, Dr. Mahamudu Bawumia.
Lead Counsel for the petitioners, Mr. Philip Addison, drew the attention of the judges to the frequent use of words such as ?dishonesty? by Mr. Tsikata during his cross-examinations and called on the Court to stop him from using such words.
Prior to this, Mr. Tsikata had referred to a PowerPoint presentation of irregularities with the claim that ?since Dr. Bawumia had not fully covered 26,000 but 11,832 polling stations, how could he make a statement based on that number.
Hence, he called on Dr. Bawumia to identify a polling station outside the 11,832, a statement which did not go down well with lawyer Addison who objected that:
?We are not going to identify any polling station,? with the explanation that Justice Atuguba had already ruled on that earlier in the day.
Responding to the objection, the Presiding Judge, Justice William Atuguba, catalogued series of unsavoury comments by both counsels including the infamous ?shut up? comment that was directed at Mr. Addison during the proceedings.
He said since the mudslinging was even, the various counsels should observe that there would be no generation of it ?whether manually or electronically.?
Referring to section 82 of the witness decree which deals with the demeanour of the witness, substance of the testimony and the capacity of witness to testify and existence of bias, Justice Atuguba ruled that he found it difficult to appreciate the ?battle? Mr. Tsatsu was fighting in alleging that the witness was being ?honest.?
He thus ruled that any unsavoury comment by counsel will have to be withdrawn.
This caution, caused proceedings to proceed smoothly at the Court until Justice Atuguba adjourned proceedings to Thursday, May 9, 2013 with Mr. Tsikata expected to continue with his cross-examination.