Trial adjourned as witness fails to appear in court

What you need to know:

  • Witness' lawyer says his client has gone into hiding.
  • Throughout the week, the court held its sessions in private and it is not clear what transpired.

The trial of Deputy President William Ruto and journalist Joshua arap Sang was on Friday adjourned for the fourth time this week due to the continued absence of the last witness.

Witness PO727’s evidence is considered very crucial in the determination of the case. He failed to give his evidence via a video link as planned.

The Netherlands News Agency reported that PO727’s Dutch lawyer, Michiel Pestman, said in an interview that the witness had gone into hiding, fearing to testify at the International Criminal Court in The Hague.

The witness and his family were taken to the Netherlands as asylum seekers. The lawyer said his client went into hiding when a Dutch court threatened to jail him if he failed to appear before the ICC.

Throughout the week, the court held its sessions in private and it is not clear what transpired. On Wednesday, however, the court held a status conference, where the prosecution and the defence teams locked horns on whether to give more time for PO727’s evidence.

The prosecution insisted that the witness was crucial and requested more weeks to locate him, a proposal the defence did not take lightly.

The witness was expected to give his evidence before Trial Chamber V (A) as was ordered by judges Chile Eboe-Osuji, Olga Herrera Carbuccia and Robert Fremr last month.

According to the court’s Public Affairs Unit, the witness had been reluctant to testify, making the judges to give strict orders.

The witness had given conditions that had to be observed before he could testify, according to the Public Affairs Unit.

The unit said PO727 had, at various times, refused to testify or placed conditions on his testimony even after being moved to the Netherlands.

DID NOT TESTIFY

Last Thursday, the 30th witness was finally called to take the stand after being located. He was to testify via video link from an undisclosed location in The Hague.

It is not clear what transpired as the session was held in private. The witness did not testify as we reported in Friday’s Nation.

According to a Dutch human rights report, the ICC investigative judge wants the witness arrested and detained if he refuses to testify.

“The Dutch investigative judge in The Hague, who has been charged with the implementation of the ICC’s request to hear the witness, now threatens to arrest and detain the witness for as long as he chooses not to give testimony,” it says.

But the witness’ lawyer says he should not be forced to testify.

“He and his family are being put in danger by forcing him to talk. This is unacceptable,” Mr Pestman is quoted in the report as saying.

The prosecution said witness PO727’s testimony was necessary if the truth into the post-election violence was to be determined.

Mr Ruto and Mr Sang face crimes against humanity charges for their alleged role in the violence that rocked the Rift Valley region in 2007 and 2008.