The International Criminal Court has rejected Prosecutor Fatou Bensouda’s bid to appeal the decision that allowed Kenya’s Deputy President William Ruto to skip sessions of his trial.
Mr Ruto can now continue carrying out his official functions in the country until he is required to appear before The Hague-based court.
Judges Chile Eboe-Osuji (Presiding Judge), Robert Fremr and Olga Herrera said they had based their ruling on a similar one by the Appeals Chamber that indicated that the judges enjoyed a measure of discretion to excuse an accused from presence in court.
They also disagreed with prosecution’s argument that should the Appeals Chamber invalidate the hearings from which Mr Ruto was excused, it then would be necessary to hold those hearings anew and recall witnesses.
“The Prosecution essentially makes the same argument as it did when seeking leave to appeal the Chamber’s June 2013 Excusal Decision…however, the present circumstances are markedly different,” they said.
They explained that at the time, the Chamber granted leave to appeal on the basis of a ‘risk of partial or total nullification of those parts of the hearings conducted during Mr Ruto’s absence and the ‘significant impact’ which repetition of such hearings would have on the duration and expeditiousness of the trial proceedings.
“Since then the Appeals Chamber held that a Trial Chamber ‘enjoys a measure of discretion’ to excuse an accused from presence, subject to conditions,” the judges ruled.
“Consistent with the Appeals Chamber’s ruling, the Chamber was thus able to excuse the accused from a number of hearings,” they added.
The judges said the risk of any hearings which Mr Ruto did not attend needing to be repeated had significantly decreased.
“In view of the limited likelihood that the Appeals Chamber would require the Chamber to hold hearings anew or recall witnesses, or, if so, that the number of such hearings would be significant, the Majority of the Chamber sees no reason why the Issues should be resolved at this stage,” they said.
“It is not persuaded that an immediate resolution of the Issues would materially advance the proceedings.”
The Trial Chamber on January 15 saved Mr Ruto from the agony of attending his trial in person except for nine hearings.
The judges ruled that the accused will be required to be present at the court when victims present their views and concerns in person, when judgement in the case is being delivered, the entirety of the sentencing hearing, if applicable and the entirety of the sentencing, if applicable.
The Deputy President will also be expected to be in court for the entirety of the victim impact hearings, reparation hearings, if applicable, for the first five days of hearing starting after a judicial recess as set out in regulation 19 of the regulations of the Court and for any other attendance directed by the Chamber either or other request of a party or participant as decided by the Chamber.
Ms Bensouda appealed the ruling basing her argument of an appeal in the application of the new rule which was adopted last November during the Assembly of State Parties meeting to allow accused persons holding high offices in their countries to be tried in absentia.
Source-nation.co.ke
ICC Rejects Bensouda’s Bid to Appeal Ruto Excusal
