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that the NEC’s workers relied on such statement and allowed persons
whose names were not found on the FRR at a particular polling station to
vote.
Moreover the above testimony of witness Lamin Leigh failed to
refute the appellants’ allegation that the NEC discriminated in determining
whose name to be placed on the addendum. We are yet to see how this
testimony rebutted 1 st appellants’ sixth witness Debora Harris’ testimony,
assigned in Grand Bassa County that she was not allowed to vote as her
name was not found on the FRR and that she requested a complaint form
but the NEC’s staffs at said polling place refused; how it rebutted witness
Victoria Koffa who testified that although a gentleman was recording
people’s name in a copy book and allowing them to vote she approached
him but he refused to allow her to vote and that she stood in the queue up
to 8pm but was unable to vote; and how it rebutted witness Yah G olden
who alleged that she had to pay L$150 to one Mammie Doyen, an Electoral
Supervisor of the NEC before she could vote? It is the law that “when
statements or evidence presented in the pleading or by witnesses on the stand,
which are damaging to a party and needs to be rebutted, and the party fails to
produce rebutting witnesses or other evidence, the evidence presented will be
deemed to be true.” Cole v. Cole, Supreme Court Opinion, March Term, 2013.
Witness Leigh also confirmed the appellants’ allegations that the ballots
papers were without serial number; he stated that the serial numbers were instead
placed on the ballot stumps. The witness stated that placing the serial number on
the ballot stumps was intended to conceal the identity of the voter.
This how he responded to a question on direct examination:
Q:
One of the allegations is that there are no serial numbers
on the presidential and representative ballots. What do
you have to say to this?
A:
The ballots papers before issue to the voters on Elections
Day is attached to the ballots stumps that carry a serial
number of each ballot paper. When the ballot papers is
being issue to a voter to protect the secrecy of the voters
choice as stated in our constitution, the detachable part
of the ballot is removed from the ballot studs and giving
to the voters. In this way there are no way the presiding
officers or any staffs can determined what choice was
made by the voters.