HAGUE COURT TO MAKE JUDGEMENT ON RUTO, SANG ANY DAY THIS WEEK.



The ruling on whether or not to admit prior recorded witness statements in the case against Deputy President William Ruto and his co-accused, Mr Joshua Sang will come any time from tomorrow.

ICC Chief Prosecutor Ms Fatou Bensouda had applied for the admission into evidence of statements from witnesses who had either withdrawn or recanted their evidence.

If this application will be rejected, the prosecution will close its case and pave the way for the defence to file a no-case-answer motion.

However, if the judges uphold the prosecution arguments, it will be a big blow to Mr Ruto and Mr Sang because they will not have the chance to interrogate the evidence. It will just make it easy for Ms Bensouda to get evidence into the court and the judges will be affirming that instances of witness interference is of little consequence.

In his on Tuesday filing, Gaynor quotes a January 2015 pretrial brief which singled out Kabete MP Ferdinand Waititu as among the intermediaries who attempted to locate witnesses 11 and 12 in August 2012 for a deal.
“In a series of  controlled telephone conversations recorded by the Prosecution with the witness’s consent, Mr Waititu told Witness 12 that he wanted to meet with him to discuss assisting Mr Kenyatta to “solve this fight” and the “lump of money to be given”.
“Mr Waititu indicated that he had spoken about the scheme to Mr Kenyatta and was keeping him informed of its progress. He explained that Mr Kenyatta wanted to avoid “direct” involvement because he was worried about getting caught tampering with evidence,” Gaynor’s application read.
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