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Opinions Sat, 25 May 2013

Bawumia’s Analysis & CD-ROM Rejected By SC

By Margaret Jackson

May 23, 2013

What did I get from the NPP supporters when I boldly stated some weeks ago that subjective self-analysis of an event is not the same as evidence? Insults! I was insulted by NPP supporters who do not know anything about court proceedings even though the NPP is a party full of lawyers.

But I was proved right on Wednesday when the Supreme Court justices sitting on the challenge to the 2012 Presidential results told Bawumia and his lawyers that he should keep his analysis to himself since it cannot be tendered in evidence.

Dr Bawumia, who was going through re-examination by his lawyer, Mr Philip Addison then sought to introduce his CD-ROM as another form of evidence. But that also was rejected by the justices putting a severe jolt on the case being pursued by the NPP.

Dr Bawumia is remembered for even challenging Mr Tsatsu Tsikata, the lead counsel of the NDC, to review his analysis if he is not afraid of the truth. But the truth finally hit Bawumia in court on Wednesday May 22, when the justices acting on a rejection raised by the respondents flushed Bawumia’s analysis to the dustbin.

The rejection of Bawumia’s subjective analysis raised two issues: That the analysis do not equate to evidence and the SC justices do not need that analysis to determine the outcome of the case.

The same thing can be said about the CD-ROM whose reference may have been buried for good or put to rest following its rejection by the justices. I will wait to see if the NPP will ever make any reference to the CD-ROM.

The NPP went to court with no clear evidence other than a CD-ROM and Bawumia’s analysis, therefore, with the rejection of the two by the justices, where lies the fate of the NPP’s case?

It is very clear that the NPP’s case is fast crumbling before their very eyes as their shabby and hasty gathering of evidence, attempt to deceive the court, effort to smuggle additional so-called evidence, exhibition of bad faith, going to court with unclean hands, sheer lies and evasiveness have all been exposed much to the chagrin of their lawyers and supporters.

It is very unfortunate that the NPP which is full of lawyers who roam the courts daily could not fathom that someone’s subjective analysis can never be accepted by any well-meaning judge as evidence. Why they were all fooled into believing that Bawumia’s analysis was solid-rock evidence, only they can tell us.

Now that the justices have told the NPP in the face that Bawumia’s analysis and CD-ROM means nothing to them, we live to see their next line of action since they seem to be running out of steam.

I cannot imagine Bawumia being made to sit in the witness box all day and never getting the chance to answer any questions during re-examination by his counsel. If not for anything, any ordinary person watching the case can connect the dots that it’s not looking too good for the NPP.

I wonder how the NPP folks went to bed on Wednesday because they now have too much a mountain to climb. Do you remember the Communications Director of the NPP, Nana Akomea saying last week that the NPP have a tall list of evidence which is as high as Mountain Afadjato?

I will rather say that the NPP have a difficult task of prosecuting their case which is now taller than Mountain Kilimanjaro. With most of their so-called evidence thorn into shreds; we can only imagine what leeway or avenue is left for the NPP to glide through. If you a supporter of the NPP who has been watching and waiting for the court to throw away over 4 million votes and throw the presidency at the feet of Nana Akufo-Addo, this may not be good times for you, and the only option left is perhaps to peek into the heavens and start praying towards 2016.

magjackson80@yahoo.com http://majjacks80.blogspot.com

Columnist: Jackson, Margaret