ICC reveals witness identities to Uhuru

International Criminal Court prosecutor Fatou Bensouda has released the identities of three witnesses to Deputy Prime Minister Uhuru Kenyatta.

Disclosing the identities last week, the prosecutor said security issues that surrounded the witnesses had been resolved.

“While the Pre-Trial Chamber authorised the prosecution to withhold the identities at the confirmation stage due to security concerns, their situation has changed in the last weeks such that it permits disclosure of the identities,” Ms Bensouda told the judges.

She said the prosecution had decided to waive delay in disclosure of the witnesses which had been set for 60 days before April 11, 2013. She also said her office had informed Mr Kenyatta that it would disclose unredacted or lesser redacted versions of the witnesses’ interviews.

Ms Bensouda has, however, asked the judges to dismiss Mr Kenyatta’s request that she be asked to reveal whether she will be relying on these witnesses’ testimonies.

She said the DPM fails to justify this request as the judges had already asked her to provide her list of witnesses by January 9, 2013.

“In terms of trial preparation, the prosecution has disclosed the identities of the three witnesses, enabling the defence to institute immediately thorough investigations with respect to their evidence.

“In terms of efficiency, the defence cannot reasonably argue that it is unduly burdened by the prospect that one or more of the prosecution’s pre-trial witnesses may not testify at trial,” Ms Bensouda said.

The issue of witnesses has been at the centre of arguments between the prosecutor and Mr Kenyatta, whose lawyers have more than twice challenged the credibility of the prosecution witnesses.

Mr Kenyatta had written to the court to order the prosecution to disclose the identity of two witnesses and indicate whether it would rely on their evidence.

Mr Kenyatta is seeking the identities of Witnesses 11 and 12 and wants to know if the prosecution will rely on their evidence and that of Witness 4.

The prosecution had been arguing that it could not reveal these witnesses’ identities for security reasons.

Mr Kenyatta also wants the Trial Chamber to order the prosecution to disclose the evidence arising from all investigations and all other material, including direct or indirect communications to date in respect of the three.

The DPM adds that the prosecution should, in the disclosure, include evidence which tends to show his innocence, or which may affect the credibility of these prosecution witnesses.

Mr Kenyatta argues that it will be only fair if the defence has that information during the trials which are scheduled to start on April 11 next year.