A renewed request for postponement of Witness 604 testimony in the case against Deputy President William Ruto and former journalist 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 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.
POOR MEDICAL GROUNDS
Judge Osuji had wondered why the basis of poor medical grounds had not been made before August 27, when the witness informed the chamber he had recanted his evidence, and also announced he was withdrawing as a witness in the case against Mr Ruto and radio journalist Joshua Sang.
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, and wondered why he had declined further check-ups by a medical doctor to establish the state of his health.
Judge Osuji also dismissed Mr Mutai’s request that for postponement as he needed time to go through witness statements, which had been provided to him by the court, and also ruled that delay in the witness, who is testifying in Nairobi via video link, to get his travel documents, was not an impediment to him travelling to the Hague to take the witness stand.
The witness had told the court he is ready to give evidence, but gave five reasons why that was not possible, in renewed request for postponement, sent by his lawyer, through email.
The witness who was expected to appear on September 1, had requested for 21 days postponement, but judges only granted one day.
Judge Osuji directed that the proceedings go into a private sessions to hear submissions for all parties in the case, and was expected to make final ruling on the matter later in the day.
nation.co.ke
