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Ruto, Sang trial remains open: ICC Judge

05 June 2015, 18:09 William Korir

Nairobi - The trial of Deputy President William Ruto and journalist Joshua Sang at the International Criminal Court ICC remains open despite witnesses recanting evidence and a sixth one refusing to testify.

During a status conference at The Hague based court Friday, presiding judge Chile-Eboe Osuji stated that the oral hearings on the matter will be heard and determined before the court breaks for the summer recess which begins on the 16 July.

ICC prosecutor Fatou Bensouda filed an application last month seeking to be allowed by the court to reinstate and use evidence already recanted by some prosecution witnesses in-order to keep the case alive.

If the judges refuse to allow the evidence to be added, as Ruto and Sang's lawyers want, then the case will die a natural death as Bensouda herself admitted that the recanted evidence was key to her case against the two.

" Our hope is to render our decision on the Rule 68 application before the beginning of the summer recess. We are now in the stage where prosecutor’s Rule 68 application has kept open the case for the prosecution until that application is decided," Judge Osuji said.

Ruto’s defence team led by lawyer Karim Khan has objected the application b Bensouda, saying that the evidence was invalid since the witnesses were either not willing to testify or had lied to the court.

But Bensouda believes that the witnesses have either been threatened or persuaded to have their testimonies recanted and has said she has authority that Ruto was involved in the process.

" In the absence of the evidence the Prosecution will be deprived of a significant portion of the incriminating evidence that it intended to present to Trial Chamber V (A) in support of its charges," she has complained.

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