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Ruto,Sang officially appeal ICC decision to use recanted evidence

26 August 2015, 18:28 Victor Tinto

Nairobi - Deputy President William Ruto and journalist Joshua Sang have officially appealed the decision to have recanted evidence used in their crimes against humanity trial.

The two officially appealed the decisions Wednesday, they both said in statements.

They have insisted that the trial judges badly erred in awarding the prosecution the chance to use evidence from 6 recanted statements int he ongoing trial.

" The majority erred in its consideration by failing to interpret “retroactively” properly and improperly assessing the application of amended Rule 68 in the abstract and thus failing to find that its application breaches Article 51(4) in view of the finding that the admission of the prior recorded testimony is of some detriment whether unduly or otherwise," DP Ruto’s lawyer Karim Khan said.

" Allowing use of prior statements of witnesses who had recanted will affect fair trial and also infringe on the rights of the accused.

Khan said that there are 11 issues which he feels the judges must answer in his appeal including applicability and interpretation of Rule 68 in ongoing cases as well as the reliability of prior recorded statements of the five witnesses.

" There is need for clarification if the five witness were interfered with and if that is what led them to recant their evidence.

He also wants the appeal judges to determine if prior recorded statements of the five witnesses were done for the purposes of Rule 68.

" Allowing use of prior recorded statements will affect the fair and expeditious conduct of proceedings and the outcome of trial.

The government has said it will also seek to be enjoined in the appeal as it feels that rule 68 was flouted and that the ICC went back on an earlier agreement to have the use of recanted statements taken out of the cases as agreed between the court and other African states.

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