Ruto's ICC ruling on recanted evidence set for Friday
08 February 2016, 20:59
Nairobi - The ICC Appeals Chamber will on Friday deliver its ruling on the use
of recanted witness statements in cases against DP William Ruto and
journalist Joshua Sang.
Capital News reports that Trial judges allowed ICC Prosecutor Fatou
Bensouda to use primary statements of five witnesses who recanted their
evidence, under Rule 68.
But in August 2015, Ruto and Sang while Kenya used diplomatic means to have the Assembly of States Parties restate that the rule cannot be used retroactively.
notice on Monday by Presiding Judge Piotr Hofmanski read: "Judgement in
the above appeals will be delivered in open court February 12 at
Bensouda had asked Appeal judges to ignore the
agreement, against use of the evidence, reached by the ASP in 2013,
saying it was irrelevant to the proceedings.
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In another report on The Star If the Appeals
Chamber rules in favour of Ruto and Sang, Bensouda could lose what she
has termed crucial evidence that can aid a conviction.
Other judges sitting in the court are Silvia Fernández de Gurmendi,
Christine Van den Wyngaert, Howard Morrison and Péter Kovács.
Trial Chamber V (a) which is hearing the case against Ruto and Sang
allowed Bensouda to use primary testimony of five witnesses who had
recanted their evidence under Rule 68 which was adopted at the 12th
Assembly of States Parties in 2013.
The decision elicited legal and political dissatisfaction with the
court being accused of violating an agreement made during the ASP.
Kenya, Uganda and Namibia which were also opposed to application of
Rule 68 requested to be allowed to submit their views but were denied
the chance by the Trial Chamber.
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