ICC prosecutor Fatou Bensouda says she does not have sufficient incriminating evidence against Kenya’s vice president William Ruto and his co accused Radio journalist Joshua Arap Sang.
Mr Ruto is accused of being criminally responsible as an indirect co-perpetrator for the crimes against humanity. The cahrges include
- murder
- deportation or forcible transfer of population
- persecution
In her application to ICC judges, Bensouda argued that five witnesses who had incriminating evidence recanted it after they were intimidated and bribed while the sixth witness withdrew due to similar influences.
“As a result, the Prosecution has been deprived of a significant portion of the incriminating evidence that it intended to present to Trial Chamber V (a) in support of its charges,” Bensouda stated in the application filed on May 21.
Bensouda, in an application to ICC judges, wants her team to be allowed to rely and use statements collected and recorded outside the courtroom prior to the case to strengthen its case.
The Prosecutor said due to witness interference, the prosecution had no choice but to look for alternative ways of securing incriminating evidence to make her case water-tight.
She specifically wanted the judges to admit initial statements of the six witnesses who she argued that had incriminating evidence key to proving the criminal responsibility of Ruto and Sang.
“The Office of the Prosecutor requests the admission of the prior recorded testimony of the “corrupted witnesses” for the truth of their contents. These comprise written statements and transcripts of recorded interviews, and the annexes thereto,” she said.
Bensouda further explained to the ICC judges that there was a strategy to interfere with witnesses with a clear aim of diluting the prosecution’s incriminating evidence.
She alleged that the people behind witness interference did it on behalf of Ruto and Sang.
Mr Sang is accused of having otherwise contributed (within the meaning of article 25(3)(d) of the Rome Statute) to the commission of the following crimes against humanity:
- murder
- deportation or forcible transfer of population
- persecution )
