October 23, 2018

Ruto’s defense dismiss prosecution evidence as not credible on ICC case

By Calvin Osiemo

The ongoing cases facing Deputy President William Ruto and Radio Journalist Joshua Arap Sang resumed on Monday this week. Dp defence team started off a spirited fight aiming to have the case dropped citing lack of credible evidence to set grounds on which Ruto can be prosecuted. Ruto and his accused Sang are facing charges of crime against humanity following the disputed 2007 general elections that led to violence in which scores were killed. 

Addressing the bench of judges at The Hague based court, Ruto’s lawyer Karim khan argued that the judges should focus on the quantity of evidence and not the number of witnesses who gave their testimonies. The prosecution is seeking the judges consent to use recanted evidence from hostile witnesses a fact that the defence team for both Mr. Ruto and Joshua Sang are against. The defence also questioned the prosecution lack of insufficient evidence indicating the exact dates they are allegedly saying that DP Ruto was in a meeting planning the execution of the 2007 post-election violence that rocked the country.

“The prosecution is desperately avoiding having the Chamber do a credibility assessment of its witnesses and its evidence. The Prosecution also keeps telling the Chamber that the precise dates of Network planning meetings are not important. They say that what is important is that the meeting took place, even if a witness could not remember exactly. But of course, having no date or a vague date is much better for them, because then we are not in a position to bring evidence to counter the allegation. For instance, if a witness says clearly that William Ruto was at a meeting on 15 December, then we can easily show where William Ruto actually was on that day. But if the witness only says William Ruto was at a meeting in mid-December, then we cannot bring alibi-type evidence.” Khan said.

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