THE lawyer representing losing MDC Gweru rural candidate, Renson Gasela, in his electoral petition last week quashed attempts by the defence lawyer to introduce, during cross examination, a lett
er that was not on the original opposing papers.
The letter states that the Zanu PF candidate in the area, Josphat Madubeko, resigned his traditional duties before the 2005 parliamentary election.
Gasela’s lawyer Nicholas Mathonsi told Justice Maphios Cheda, the presiding Electoral Court judge in the case, that it was unprocedural for the defence to introduce during cross-examination documents that were not in the original opposing papers.
Martin Makonese of Makonese & Partners, representing Madubeko, had quizzed Gasela on his knowledge of a letter written by the traditional chief for the area confirming that Madubeko had relinquished his duties as Headman Sadza.
Gasela alleged that the letter in question was a post facto letter written by the chief to suit the situation. Gasela alleged that the fact that the letter was addressed “to whomsoever it may concern” indicated that it was not directed at the issue in question.
Gasela further claimed that the letter, copied to the District Administrator and the Ministry of Local Government, was not authentic and alleged that if it was then Madubeko would have attached it to his original nomination papers to show that he had indeed relinquished his traditional post.