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To this answer of the witness, counsel for the 2 nd appellants posed
the following question:
Q.
To the serial numbers which you place, according to
you, and on your advice, you placed on the stubs of the
ballots, and not on the ballots themselves, what was the
purpose for the serial number, Sir?
A.
The ballot papers consist of two portions. You have
the portion bearing the stubs and the serial numbers, and
the portion that detachable. The serial number is placed on
the portion bearing the stub for administrative purposes.
Once the ballot paper is being issued to a voter, it is
detached from that stack that bears its serial number, in that
way, it protects the secrecy of that voter's choice.
Q. Mr. Witness, people who own current account know,
that the serial number on the stub is also on the check
itself, the intention being, to check that that check that is
issued, is the same number that is on the st ub. Do you know
about that as a fact?
The Hearing Officer sustained an objection to this question on
grounds that it was irrelevant as no check was before the investigation.
We disagree with the hearing officer and we believe he should have
allowed the witness to answer this question as it would h ave given the
investigation the actual purpose of the serial number. This is especially
so since the witness had stated that the serial number was placed on
the stump in order to protect the voter’s privacy. Another reason for
the serial number, as alluded to by the appellants, could also be to
determine whether the ballots stumps recorded at a polling place
corresponds with the ballot papers in the box at the close of polling.
The above narratives constitute the evidence and testimonies in
support of the appellants’ allegations of irregularities as well as the
NEC’s response to those allegations. But the question we continue to
ask is whether the irregularities were demonstrated to be substantial
enough to warrant a re-run of the entire October 10, pruden tial and
representatives elections.
Ancillary to the above third issue is whether or not the appellants prove that
fraud was committed during the elections. The allegations assigned as fraudulent
acts by the 1st appellants were that (1) in District #6, Bong County, polling place #1