Wednesday, April 20, 2011
Tuesday, April 19, 2011
Monday, April 18, 2011
TBy Evelyn Kwamboka
International Criminal Court prosecutor Luis Moreno-Ocampo has told the court he needs 421 days to review the evidence to comply with orders given last week.
In his request to be allowed to appeal against the order by Judge Ekaterina Trendafilova last week to disclose his evidence against the six suspects, Ocampo says it is unfair to require him to disclose all his evidence now, when the confirmation hearings are still so far away.
He also says if he were to fully comply with judge Ekaterina’s order, he would have to review and disclose 12,900 pages of documents. This he says would take him 421 days.
International Criminal Court prosecutor Luis Moreno-Ocampo
But by Friday evening, ICC had not issued any orders stopping the status conference scheduled for Monday. It is at this conference that Ocampo is expected to disclose to the defence lawyers his evidence against the six suspects, ahead of the confirmation hearing set for September.
The lawyers are expected to leave the country on Sunday.
The suspects are MPs William Ruto (Eldoret North), Henry Kosgey (Tindiret), radio journalist Joshua Sang, Finance Minister Uhuru Kenyatta, former Police Commissioner Hussein Ali, and Head of Civil Service Francis Muthaura.
Ocampo’s move to seek more conditions against six post-election violence suspects and to delay disclosure of his evidence has been challenged by Tinderet MP Henry Kosgey’s lawyer.
Ordered to disclose
In a response signed and filed at the ICC by Kosgey through his lawyer, George Oraro, he argues that if Ocampo is allowed to appeal against the decision in which he was ordered to disclose his evidence, it would hinder the defence’s preparation of its case.
Referring to ICC’s previous decisions, Oraro said the defence has absolutely no duty to allow the prosecutor to inspect the defence files or have any other form of access to defence information.
"None of the three issues raised by the prosecution affect the fairness and expeditiousness of the proceedings," he said.
If the appeal on disclosure by Ocampo succeeds, Oraro said, the net result would be to render the proceedings unfair to the defence.
On the issue of more conditions to be imposed on the suspects, he said his client has strictly complied with and adhered to the conditions set out by ICC in March.
Oraro said that the prosecutor confirmed in his letter dated March 30 he would not seek a variation of the conditions of the summonses.
If allowed to appeal, Ocampo will seek an order requiring the suspects to post bond, in a sum to be determined by the Pre-Trial Chamber II and declare their financial information under oath, for purposes of guaranteeing that they will not fail to appear before the court when required and they be prohibited from making public comments about the case.
The defence opposed Ocampo’s application on grounds that the prosecution has provided no reasons to justify its request for modification of summonses conditions and the conditions requested for are unnecessary and inappropriate.
Oraro said the prosecutor has a duty to act with diligence, adding that his client intends to comply fully with the chamber’s order and has demonstrated his willingness to do so.
"There is no justification for the imposition of the additional summonses conditions as requested by the prosecution," he said.
There are no grounds set out by the prosecution for seeking his address, email and other information. Similarly there is no basis for seeking financial information.
Judge Trendafilova made clear during the initial appearance on April 7 and 8 that the suspects are under no obligation to attend the status conferences.
ICC suspects could do with wise counsel
Wako cautions Ocampo suspects against adverse talk on ICC cases
Plans under way to form political party for Uhuru, Ruto, Kalonzo
Security Council declines to defer case against 'Ocampo Suspects'
ICC to verify Ocampo evidence
Written By:Elizepher Wankuru, Posted: Sat, Apr 16, 2011
The confirmation of charges by the International Criminal Court on the six Kenyans mentioned in relation to the 2007/2008 post election violence is meant to verify what the prosecutor has collected and the strength of evidence.
According to the Pre-Trial chamber Senior Legal Adviser Gilbert Bitti; the chamber will only decide if the strength of witness statements is enough to incriminate the suspects as charged by the prosecutor.
Bitti made the remarks during the "Ask the Court" program where Kenyans ask questions on the Court's mandate and its work.
He said witnesses will not testify or be cross examined in the courtroom during the confirmation of charges.
The confirmation of charges against MPs William Ruto and Henry Kosgey and Radio presenter Joshua Arap Sang will be heard on September 1st while that of Deputy Prime Minister Uhuru Kenyatta, head of public service Francis Muthaura and Post-Master General Mohammed Hussein Ali will be heard on September 21st .
Meanwhile, a legal officer in the pre-trial division of the International Criminal Court maintains that the Kenya government's application challenging the admissibility of the post election violence case at the court does not in any way interfere with the disclosure of evidence expected to kick off on Monday.
Eleni Chaitidou says the application only bars the prosecutor from carrying out further investigations on the case. However, she says the Rome statute allows the prosecutor, under specific circumstances, to receive authorization from the pre-trial chamber to continue with certain investigations.
Chief prosecutor Louis Moreno Ocampo is supposed to share with the defence the number of witnesses, type of evidence and witness statements he intends to use in the case during the status conference.
However, Ocampo has appealed against the decision saying the exercise should be done after a ruling on the application by the Kenya government is rendered. The parties' responses to the admissibility application are due to be filed on 28th of this month.