Nairobi, Kenya:ย ICC prosecutorย Fatou Bensoudaย has requested appeals chamber to suspend decision allowing Deputy Presidentย William Rutoย to skip some sessions of his trial.
This is after the chamber allowed the prosecution to appeal the earlier move in which Ruto’s request to attend the trial opening and a few other sessions was granted.
The prosecution cited two grounds of appeal:
1.The Majority erred in law by disregarding the attendance requirement under Article 63(1) and by excusing Ruto from attending substantially all of his trial.
2.The Majority erred in law by excusing Ruto on the basis of his โimportant functionsโ.
Ruto’s trial is set to begin on September 10.
Bensouda wants the Deputy President to be ordered to attend all the trials until the appeals chamber makes a ruling on Mondayโs appeal.
Bensoudaโs application read in part: If the Appeals Chamber is unable to resolve this appeal before Mr Rutoโs trial commences on 10 September 2013, the Prosecution requests suspensive effect under Rule 156(5) because the implementation of the Decision would โ(i) would create an irreversible situation that could not be corrected, even if the Appeals Chamber eventually were to find in favour of the appellant, (ii) would lead to consequences that would be very difficult to correct and may be irreversible, or (iii) could potentially defeat the purpose of the appealโ.
A ruling will be made by the Appeals Chamber in due course.
-standardmedia.co.ke