Supreme Court Directs Tsikata: Take Complaint To KPMG

The Supreme Court has asked respondents in the election petition to put their concerns on the number of pink sheet boxes to the referee, KPMG. According to the court such a move would enable the referee to incorporate the concerns in its report. The court gave the ruling after an oral application by counsel for the NDC, Mr Tsatsu Tsikata for tighter controls in the auditing of pink sheets at Tuesday�s hearing of the matter. The respondents had raised an alarm that a head count of the number of boxes of pink sheets at the registry showed an increase in number. Presiding Judge William Atuguba in his ruling said �concerns raised by respondents can be put before the referee - KPMG�. Counsels for the parties at the hearing of the petition Tuesday morning argued over the allegation of extra boxes. The court had to go on recess for about an hour to consider the submissions made by the parties. The ruling was explicit that the respondents can go back to the referee, which is KPMG, to formally lodge a complaint about their suspicion, which Mr Atuguba said would be incorporated into the report of KPMG. The respondents would also be given the chance to cross-examine the report, he said. Making his application Mr Tsatsu Tsikata alleged that there had been an additional seven boxes of pink sheet exhibits added to the number to be counted and audited. The additions, he said were in respect of the P-series, and that all three respondents have the same number of 24 boxes not 31 as provided for the start of the referee. He said as of last Thursday when preparations were done, 24 boxes were confirmed by their representatives and alleged that the new development was �a matter of criminality�. But said they would not be distracted by criminality. Mr Tsikata pleaded with the court to resort to control mechanisms to include the copies of exhibits distributed to �at least two other Lordships�. Counsel for President John Mahama, Mr Tony Lithur and counsel for the Electoral Commission both supported the recommendations by Mr Tsikata. But the petitioners counsel Philip Addison said the latest move by the respondents was obvious that somebody has a sinister agenda to deprive them the opportunity to put forward their case hence the attempt to derail a process they have all agreed upon. He said the counting started well and that the EC was expecting �shortages but found overages� and then started �cooking up stories�. �We were not aware of the taking of an inventory of the number of boxes as they claim�, he said. He argued that Mr Tsikata had confidence in the registrar and questioned what had changed. He said the respondents kept the number they received a "state secret" but they know the number of boxes in the registry. "It is suprising", he said. He said the action Mr Tsikata wanted was not in the order given by the court accused the respondents of playing strange tactics. He catalogued a number of incidents and proceeded to describe them as behaving like children who have been pampered, and when they get a goal against them they say they won't play again. Addison said they were opposed to the application adding that they have been informed that the counting had reached paragraph 44 and 52 and that but for the distraction the counting would have finished today. Mr Addison said the allegation was based on a suspicion and nothing more. Mr Tsatsu Tsikata after the ruling continued with the cross-examination of Dr Mahamudu Bawumia on Day 20 of the hearing of the election petition. Mr Tsikata's cross examination has entered the 13th day today - Tuesday. The petitioners are contesting the declaration of President John Dramani Mahama as the winner of the December 2012 presidential polls.