Ruto awaits ICC fate Friday
12 February 2016, 12:40
Nairobi - The International Criminal Court’s Appeals Chamber will on
Friday issue the long awaited ruling that will
determine the weakness or strength of the prosecution’s case against
Deputy President William Ruto and Journalist Joshua arap Sang.
The ruling comes ahead of another important ruling
that will determine if the court will drop charges against the two
accused persons at the Prosecutor’s level, or if they will move forward
to mount their defence, Capital News reports.
Legal experts say Friday’s ruling is key since ICC Prosecutor Fatou
Bensouda had admitted, during her application seeking to have prior
recorded evidence of recanting witnesses, that her case will be weak
without their evidence.
“As a result, the Prosecution has been deprived of a significant
portion of the incriminating evidence that it intended to present to
Trial Chamber V (a) in support of its charges,” Bensouda stated in the
May 21. 2015 filing.
The Prosecutor further explained to the judges that the five
witnesses would have stuck to their primary evidence had they not been
The Standard reports that the court has so far issued warrants of arrest against three Kenyans
who are wanted for alleged interference with prosecution witnesses.
Ruto and Sang are accused as in-direct co-perpetrators who planned
attacks in the Rift Valley during the 2007-8 Post Election Violence.
The three-judge bench is to give its verdict on the recanted evidence of five prosecution witnesses who turned hostile and became the subject of vicious courtroom battles at the ICC. Court records showed why Prosecutor Fatou Bensouda wanted the testimony to remain in court records, and why defence lawyers wanted the judges to overturn the trial chamber's ruling.
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