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Grand Gedeh county and turned over to a police officer, witness Lighe
testified that same were "Know Your Candidate" posters that were
altered and used in the process, and that the LNP in Grand Gedeh
investigated this matter and turned the said "Know Your Candidates"
posters to the NEC. The record shows that Appellants did not rebut this
testimony." 1" Appellants submit that during the cross-examination of
witness Lighe, Counsel for 1st Appellant sought to impeach the credibility
of the witness, and thereby rebut his testimony, by showing that the
"Know Your Candidates" posters that the witness had presented to the
hearing were not the marked ballots that were found buried in Grand
Gedeh. Counsel for 1st Appellant put for the following question: "By
permission of this Hearing, I will like to show you photograph of the
ballots that were found in Grand Gedeh County and ask you were these
the same documents that you brought here today?" Instead of allowing
the witness to answer the question, as the hearing at the NEC should have
been fact-finding, the Defendant's Counsel objected to the question on
the ground that the "Document not pleaded, introducing extrinsic matter,
and asked merely to entrap the witness." The Hearing Officer sustained
the objection on the ground that "the document was not pleaded." [Page
32 of the Minutes—Liberty Party cross examination of Defendant First
Witness/Lami Lighe] Another question put forth by Counsel of 1"
Appellants was, "Mr. Witness, I am glad you testified to the document,
that means your lawyer can't object to it any more. You have said that
that photo represents know your own candidate. This exhibit has been
marked by the investigation, as know your own candidate. I also give
you this ballot paper, and ask you sir to look on the reverse, the back
side, of the ballot paper, and tell me what mark you see there?" The
witness answered, "There is a red lining." Next question: "On the know
your candidate ballot paper, is there any mark on the back of it?
Answer: It is plain white, not mark. Next question: Now I give you two
photos showing the ballot paper from Grand Gedeh County, tell me
whether you see the red mark on the back and the green mark on the
back representing presidential and representative ballots. Take a good
look sir. The Hearing Officer sustained the objection of the Defendant's
Counsel on the grounds of, "vague and indistinct, argumentative, asked
merely to entrap the witness, not the best evidence, irrelevant and
immaterial, call for conclusion. [Page 33 of the Minutes—Liberty Party
cross examination of Defendant First Witness/Lami Lighe] Thus,
preventing the witness from being cross-examined, and his credibility
impeached, as to the allegation that the marked ballots found in Grand
Gedeh were "Know Your Candidates" posters, and not ballots. This was
against the weight of the law, which provides that, "Except as otherwise
provided by law, a witness may be cross-examined as to all matters
touching the cause or likely to discredit him."
5. 1st Appellants say and aver that the Board of Commissioners (BOC)
committed a reversible error when the BOC, in its Final Ruling, held that,
"As to Appellants' allegation that ballot papers were discovered buried in
Grand Gedeh county and turned over to a police officer, witness Lighe
testified that same were "Know Your Candidate" posters that were
altered and used in the process, and that the LNP in Grand Gedeh