ICC rejects new bid to postpone witness hearing

A renewed request to postpone the testimony of Witness 604 in the case against Deputy President William Ruto and former radio presenter Joshua arap Sang at the International Criminal Court was rejected on Thursday.

Presiding judge Chile-Eboe Osuji rejected the request in a preliminary ruling, saying some of the reasons advanced by the lawyer representing the witness, Mr Geoffrey Mutai, did not provide valid grounds for the postponement.

After the ruling, the proceedings went into a private session and parties then agreed that the case would go on after more protective measures were allowed for the witness.

The judge had asked why the health status of the witness, the reason advanced for not taking the witness stand, had not been advanced on August 5, when the witness announced he had recanted his evidence, and on August 27, when he requested for a postponement.

SOUND MENTAL STATE

An independent medical examination by a psychiatrist from the ICC’s Victims and Witness Unit (VWU) also revealed that the witness was in sound mental state to appear on the witness stand.

The judge wondered why the witness had declined further check-ups by a medical doctor to establish the state of his health.

Judge Osuji also dismissed Mr Mutai’s request for additional time to go through witness statements, which had been provided to him by the court.

He also ruled that delay in getting travel documents for the witness, who will be testifying in Nairobi via video link, was not an impediment to his travelling to the Hague to take the witness stand.

The witness had told the court that he was ready to give evidence, but in the new request, he gave five reasons why that was not possible.

The request for postponement was sent by his lawyer through email.

The witness, who was expected to appear on September 1, had earlier requested a 21-day postponement, but judges only granted one day.