34.3. As I have already averred, over the two day period, the applicant’s election
agents had unlimited access to all the original V11 and V23 forms relating to the
presidential election and had the opportunity, at their discretion, to make notes
from those V11 and V23 forms or to raise any queries with the Electoral
Commission officials where they had problems with the information that was on
the V11s and V23s being used by the Electoral Commission versus what they had
through their own election agents from various polling stations.
34.4. As already averred, Mr. Jameson Timba during this process, had occasion to
request V11 and V23 forms for several constituencies, he examined those forms
and made whatever notes he wished to make, he did not raise any queries with
respect to those V11s or V23s.
34.5. Further, as I have already averred, there was no server kept by the Electoral
Commission on which election results were transmitted from polling stations and
stored.
34.6. In terms of s110(3)(d) of the Electoral Act, the subject of a verification
process are the actual returns from the various constituencies across the
country. These returns consist of the V11 and V23 forms. The addition of the
figures specified on the V11 and V23 forms on an excel spreadsheet is not the
verification described in s110(3)(d).
34.7. The process prescribed by law is what was happening over the two day
period confirmed by the applicant where full and unlimited access was granted
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