Friday, September 11, 2015 Bensouda says she will not call any more witnesses in Ruto, Sang case

By JEREMIAH KIPLANG'AT
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ICC Prosecutor Fatou Bensouda has issued a notice to the Trial Chamber ending her evidence against Deputy President William Ruto and co-accused Joshua arap Sang.

This comes as the accused were allowed to appeal the admission of testimonies disowned by the prosecution witnesses.

Ms Bensouda's notice read: "In compliance with the Trial Chamber’s order ICC-01/09-01/11-1948-Conf, the Prosecution hereby notifies the Trial Chamber, Parties and participants that it formally closes the Prosecution’s case."

The decision by Ms Bensouda means that she will no longer present witnesses in court against Mr Ruto and Mr Sang but hopes the Appeals Chamber judges will uphold the Trial Chamber’s ruling permitting her to use testimonies of hostile witnesses.

Earlier, the Trial Chamber allowed Mr Ruto and Mr Sang to appeal against the admission of evidence disowned by witnesses.

The two had argued that it would be wrong for the court to allow recanted evidence without them questioning it.

Mr Ruto’s defence wants to appeal on 11 issues touching on the impact the ruling would have on his case.

He also wants the Appeals Chamber to determine whether the trial judges “erred when it failed to provide sufficient reasoning regarding the standard of proof”.

RIGHTS OF ACCUSED

Mr Sang raised 10 issues regarding the rights of the accused.

He said the decision would not get him a fair trial.

In their ruling, trial judges Chile Eboe-Osuji, Olga Herrera Carbuccia and Robert Fremr said the two had raised important issues that would be determined by the Appeals Chamber.

They said the decision “has the potential to significantly affect the outcome of the trial, as well as the fair and expeditious conduct of proceedings”.

At the same time, the trial judges also ruled that Mr Walter Barasa must appear before the court first.

Mr Barasa wanted the warrant of arrest issued against him substituted with summons. He is wanted for allegedly interfering with International Criminal Court witnesses.

The Pre-Trial Chamber made public arrest warrants it had issued in confidence against lawyer Paul Gicheru and Mr Philip Kipkoech Bett on allegations of interfering with witnesses.

In its ruling, the chamber said since the two were arrested by the Kenya police on July 30 at the request of the ICC, the arrest warrants could no longer be kept secret.