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the political parties have 79 polling stations with ten (10) precincts missing
amounting to some 35,750 votes; 3) that in 75 precincts at least one polling place
is missing; 4) that several voters existed on the FRR multiple times and that 5) the
same voter ID was assigned to more than one person.
To the above allegations, we have not seen and adequate response from the
appellee and in cases where the appellee’s primary witness attempted to respond,
he came short of adequately addressing the allegations. Notwith-standing, this
Court must keep into focus the legal principle which has guided it over and century
and a half that he who makes an allegation has the burden of proving sufficiently
that allegation to sustain a decision in favour of the allegations.
On the allegation of the marked ballot papers discovered in Grand Gedeh
County, which one of appellants’ witness testified that had all the marks of a valid
ballot paper, witness Leigh admitted that indeed ballots were discovered but
claimed that same were know you candidate ballot papers. Here is how he
commented on this allegation:
Q:
A:
Mr. Witness, there was an incident in Grand Gedeh
county. Please tell us if you know anything about it.
The commission was made to be aware of an allege
report by an ELBS reporter from Grand Gedeh where
he claimed that he had been informed that ballot
papers were found in district #2 specifically in a bath
room. The Commission instructed its County
Magistrate to investigate the matter. The Magistrate
along with the County Police Commander and the
reporter who had earlier reported this story
conducted this investigation. The alleged ballot
papers were brought forth. The reporter saw the
alleged ballot papers. The commander confirm what
he saw said ballots, and the Magistrate explained that
there were key features that differentiated the actual
ballot papers from know your candidates. What were
actually submitted was portion of the “know your
candidates” that was designed by the NEC and
distributed to political parties and civi l organizations
for the outreach. Those alleged portion of the “know
your candidates” were sent to Monrovia and we have
it now in our custody and I will love to demonstrate
what actually happened.
The following questions were posed to the witness by cou nsel
for the 1 s t appellants during cross examination: