‘Some Pink Sheets Not Counted’

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Parent Category: Justice & Security

Category: Law Reports

Created on Friday, 28 June 2013 00:00

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‘Some Pink Sheets Not Counted’

22 July 2013

KPMG, the accounting firm chosen by all the parties to count the number of pink sheets used as exhibits in the Presidential Election Petition hearing, yesterday told the Supreme Court that the firm did not count all the exhibits.

Nii Amanor Dodoo, head of Audit Practice and a senior partner of the accounting firm, in testifying yesterday on the report submitted, told the court that there was an unspecified number of pink sheets in the custody of both the registry and the president of the nine-member panel that were not counted and, therefore, were not part of the final report.

Philip Addison (Petitioners’ Lead Counsel): Did you count all the pink sheets in the Registrar’s custody.

Dodoo: No…but let me clarify this….The exhibits were filed in a number of lots and we counted only one lot.

Addison: I suggest to you that the count involved more than one set of pink sheets….Could you explain the process that informed your decision to leave out some of the pink sheets in the count?

Dodoo: We matched the information by the labels as presented by the Registrar and so the pink sheets that were counted were deemed to be extra copies.

Addison: Can you tell the identity of the pink sheets that were not counted in the Registrar’s office?

Dodoo: They were meant to be extra copies. No, I can’t.

Addison: Don’t you think if you had examined those pink sheets you would have found some of the pink sheets you claimed were not located in the President’s set of pink sheets?

Mr Dodoo then explained that they did not count those pink sheets because they were deemed to be extra copies.

He told a packed court under cross-examination that 2,876 exhibits were found in Justice William Atuguba’s set which were not found in the Registrar’s set and said that a further 6,629 exhibits were also found in the Registrar’s set which were not in the presiding judge’s set.

Registry Pink Sheets

Addison: Now, from our calculations based on your report, we say that the unique count for the Registrar’s set is 9,974.

Dodoo: …but when you say unique numbers, with regard to exhibit numbers or with regard to polling station codes?

Addison: In regards to everything in your report that can identify polling stations.

Dodoo: It cannot be with regard to everything because we need to look at these things and relate them to specific descriptions; I mean we need to describe them appropriately, because there were instances where exhibit numbers did not tie into polling station code numbers and vice versa….

Addison: Mr Amanor Dodoo, did you by any chance have a full list of the 26,002 polling station names and codes, was that supplied to you?

Dodoo: No my lords, that was not supplied.

Atuguba’s Pink Sheets

Addison: What is the total number of pink sheets counted from the set of the president of the panel?

Dodoo: We would have two numbers for that, but I will explain that: In terms of count by sheet, what we got was 9,856 but there were four instances where the exhibit numbers were on the other side of the pink sheet, so when you take that into consideration, what you get is 9,860. So I will say 9,860 would be the number that we need to work with if you are looking at exhibit numbers.

Addison: Now, this number 9, 860 does not include pink sheets labelled as MBP 3,836 to 4,796, am I right?

Dodoo: That is so

Counsel: So that, the figure given us here as 9,860 is an incomplete figure.

Dodoo: That is so, and it is also stated in the report…we did not have a number for that missing lot but we stated that those were not made available. There were some explanation that was given for that.

Addison: Can you tell the court the total unique pink sheets from the president’s set?

Dodoo: I don’t recall; from the president’s set, what we were asked to do was to crosscheck, so what we did was to limit that to checking copies in the president’s set to copies in the registrar’s set.

Addison: You did not check the unique pink sheets with regard to the president’s set, is that what you are saying?

Dodoo: I would have to check on that but I don’t recall that.

Justice Dotse: In the report which I state as volume 1 page 12 (he reads the relevant paragraphs that points to the comparison of the presiding judge’s copies and the registrar’s copies in relation to what the petitioners claimed they filed) can you take us through those findings or fact?

Dodoo: to carry out a test of that nature, you needed to link the exhibit number and the polling station numbers as one item, and then compare that to the same criteria in the president’s set…. So anything that fell outside that would now be deemed to be different from both sets of records.

Justice Dotse: If I understand you, if say this particular exhibit is in the registrar’s set but is not in the presiding judge’s set, it will be in a different category. You will not add it to any of the two sets?

Dodoo: No, it would be itemised separately…

Addison: Mr Amanor Dodoo, I believe there were 2,876 pink sheets that were in the president’s set that were not in the registrar’s set?

Dodoo: Yes, that is so, that is actually set out in page 438 under appendix C3.20

Addison: Did you also identify any pink sheets in the registrar’s set that were not part of the president’s set?

Dodoo: Yes we did

Addison: Can you tell us how many?

Dodoo: They came up to 6,629….

Pink Sheet Tussle

Addison: Now, Mr. Amanor-Dodoo, are you aware that pink sheets were also served on all the respondents in this case?

Dodoo: I would expect so my lords, in fact we were informed that others were served with pink sheets.

Addison: In our comment, we provided a list of 4,089 pink sheets used by counsel for first and third respondents in cross-examining second petitioner, you received that?

Dodoo: Yes, they were set out in your comment.

Addison: We actually gave you the list of the 4,089 pink sheets that were used in cross-examination.

Dodoo: I am not disputing that, but again, as I said, that fell outside the scope of our work.

Addison: I’m just asking you if you received this document.

Dodoo: Ok, yes we did receive them, sorry my lords.

Addison: Now, I’m suggesting to you that 1,097 pink sheets out of the 4,089 that were used by counsel for first and third respondents were not part of the registrar’s set.

Dodoo: We wouldn’t have had any basis of confirming that because we did not carry out any checks to confirm that.

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