William Ruto wants the ICC witnesses names revealed

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William Ruto wants the ICC witnesses names revealed
William Ruto wants the ICC witnesses names revealed

The Deputy President William Ruto has objected to an application by prosecutor Fatou Bensouda that she does not reveal some prosecution non-trial witnesses.

Ruto told the ICC judges that the prosecution’s application “is not only devoid of any legal or factual merit, but it contains material and fundamental inaccuracies.

Through lawyer Karim Khan, Ruto said that Bensouda is trying to deny the defence information that might be crucial by introducing reasons that have no basis in law.

“The Defence submits that it is legally entitled to this information. Even taken in isolation, the Defence submits that none of the arguments advanced by the Prosecution in its application justify the withholding of the identities of the 12 non-trial witnesses from the defence,” Khan said.

Ruto said the application revealed serious communication and operational problems within the prosecution where right hand does not to know what its left hand is doing.

“The uncomfortable and troubling reality is that, notwithstanding the baseless contention that disclosing information to the defence will present a security hazard to witnesses and non-witnesses. It is the Prosecution’s own serious failings which have been manifest time and time again,” Khan said.

He said the application reveals continuing systemic failings in the office of the prosecutor that have potential to occasion a miscarriage of justice and erode public and institutional confidence in the Office.

Earlier this week, Bensouda sought permission not to reveal the identity of some prosecution witnesses against Ruto and Sang. Bensouda said some witnesses were now missing and she has not been able to reach them to find out whether they objected to their identities being disclosed.

Bensouda said that, with the exception of witness P-0087, her witnesses live in Kenya, or have relatives living in Kenya, and are therefore afraid to have their identities disclosed.

“The prosecution undertook several unsuccessful attempts to telephone witness P-0087 to seek his consent for disclosure of his identity. Despite all practicable efforts, it was not possible to reach him and his consent has not been obtained,” Bensouda told the trial judges.

She said the witness provided incriminatory information about the Eldoret attacks and the arson at Kiambaa church. In February 2008, he received a threatening text message stating, “We will do all to find you and kill you.”

“There is no reason to believe that the value of this insignificant information to the defence will be improved by the disclosure of the identities of the sources.

The prosecution has on several occasions brought to the attention of the chamber the unparalleled level of threat or interference with witnesses, or suspected witnesses or their families who are living in Kenya,” Bensouda said.

SOURCE- the-star.co.ke

 

William Ruto wants the ICC witnesses names revealed

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