Why ICC ruled in favour of Ruto
15 February 2016, 18:03
Nairobi - The International Criminal Court ICC has ruled in favour of DP William Ruto and journalist Joshua Arap Sang in removing the use of recanted evidence in their trial. But why?
Ruto and Sang after serious pressure from his team, Kenya and the African Union over the use of the rule 68 won an appeal to kick out the use of the evidence of 6 witnesses that had withdrawn their statements for a number of reasons.
His team had argued that an earlier agreement had stated that the rule would not apply to his case and the appeal judges agreed with him.
According to insiders though, that was not the reason why the judges ruled in Ruto's favour.
It is understood that to save the collapse of the ICC which African states had stated they would boycott if the rule was not clearly interpreted, the court was forced into a corner and decided to agree to the demands of the accused.
" The reality is that the ICC would have collapsed if African States had gone ahead with their threats so in the spirit of saving the court, the decision was reached at," a source privy to the case told News24.
African states make up majority of the states that are signatories to the Rome Statutes.
The ruling now means that the case is likely to die a slow death with chief Prosecutor Fatou Bensouda earlier admitting that unless the recanted evidence was absorbed in the case, her evidence was week.
It is thus a big win for the two accused who can now file a no case to answer motion and end a protracted 4 year battle to clear their names of the Crimes Against Humanity Charges.
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