William Ruto moves to fight ruling on witnesses
What you need to know:
- Bensouda says statements central to charges.
- Defence is seeking to convince Trial Chamber judges not to consider recanted testimony.
Deputy President William Ruto has sought permission to appeal against a ruling by the ICC that threatens to bring new charges being against him in The Hague.
His lawyer, Mr Karim Khan, raises 11 issues that he hopes will convince the Trial Chamber judges to allow him to contest last week’s ruling in which prior statements recorded by hostile witnesses were admitted as evidence.
Mr Ruto’s co-accused Joshua arap Sang’s lawyer Katwa Kigen will also appeal.
Mr Khan argues that the ruling poses a danger to his client since Prosecutor Fatou Bensouda has said the statements are central to the charges of crimes against humanity against Mr Ruto.
He, however, describes the statements as “hearsay, uncorroborated and second hand”.
“If any of the 11 issues were wrongly decided, the consequences will significantly affect the outcome of the trial, as they relate to the amount and type of evidence that the chamber will have to consider when making its final determination.
“The judgement will be based, in part, on hearsay which should not be before the court,” he said in Wednesday’s application.
Mr Khan submits that the “hearsay statements” will make it difficult for the defence team to argue their case in court since they will not get a chance to interrogate the hostile witnesses, a situation that gives the prosecutor an advantage.
“The admission of hearsay evidence which is central to the prosecutor’s case will significantly affect the fair conduct of proceedings because it will not only affect the defence’s ability to properly test the case but to adequately make its case,” he says.
HAD DISAPPEARED
Last week, judges Chile Eboe-Osuji, Olga Herrera Carbuccia and Robert Fremr ruled that there was adequate evidence from the prosecution to support claims by Ms Bensouda that five of the witnesses were influenced — through bribes or intimidation — to recant their statements.
In her application, Ms Bensouda had informed the judges that a sixth witness had disappeared and was yet to be found in spite of efforts by her team and the Kenya government.
