ICC Day 4 case 2: A united combative defence team of Muthaura humiliated the prosecution today
Posted by African Press International on September 24, 2011
The court adjourned until monday after having presentations from the defence from 09.30 to 15.00 today (Friday).
During the presentation by Francis Muthaura’s team, the prosecution was hammered into a box, although not nailed completely. The prosecution is not having a good weekend because today Muthaura’s 3 lawyers were very combative.
Mr Khan started it all in the morning, followed by Essa Faal and Kennedy Ogeto.
The defence told the prosecution that they have systemic failures and should be ashamed for bringing to an international court of justice blatant lies from their anonymous discredited witnesses.
They told the court that Chief Prosecutor Ocampo is a man who does not know what he is saying at any given moment in any given day, adding that the court should have an inquiry on his behaviour in this case. The court was also told that the prosecutor should have been restrained and stopped from masquerading by addressing the media all the time, a behaviour against all rules when he knows that the case is ongoing.
The combative defence team told the court that the prosecutor is a polluter, because he has polluted the chamber with statements from anonymous witnesses who cannot be trusted.
It is clear that the prosecution is feeling the heat. The defence say the prosecution has failed in their job, when they come to the court claiming almost everyone to be a Mungiki. This is because they do not understand the Kenyan people and their traditional values; said the defence lawyers.
The prosecution, according to the defence has been changing tact all the time. In the first place they said that Muthaura conceived a plan to commit crimes and now they have started saying that he adopted the plan. Which is which?; Mr Khan asked
This case is built of lies. Muthaura had no motive to commit crimes, he is not a politician, he is not a member of any political party, therefore there was no reason for him to be a member of any organisation that was to murder people in order to keep PNU in power as alleged.
What has happened in this case, the lawyer said, is that the witnesses have packaged lies, sold it to the prosecution and the prosecution bought it.
The prosecution has a problem now, says the defence, because instead of seeing sense in it all and discontinuing the case, they want a case with flimsy evidence to proceed for the sake of saving face. This is unacceptable and dangerous, counsel Khan thundered in court before handing over the floor to his colleagues, who had no plans to let the prosecutor off the hook. They also hammered the prosecution until the court adjourned at 15.00pm. Muthaura’s witnesses will then take the stand on Monday afternoon when the case resumes.
Dr Nyekorach-Matsanga, a Ugandan who was part of the UN negotiations between Uganda government and Rebel leaders of LRA led by general Kony was also in court to follow the case alongside many Kenyans and others interested in the Kenya case..
When asked why he was present in the court, Matsanga told the media that he has a lot of interest in the Kenya case. He says Kenya is an East African Country whose neighbours should align with and support when the Prosecutor is using flawed investigation to persecute the country’s leaders.
Matsanga told the media that he has researched on the post-election violence in Kenya very well. To support his argument, he distributed a well written booklet full of analysis touching on Nakuru, Naivasha and Molo areas during the post-election violence that left many people dead and some displaced.
Many Kenyans were also present to give the 3 suspects in the case, Mr Kenyatta, Mr Muthaura and Mr Ali moral support.
A Kenyan makes his point about the case to the Jeff Koinange. He says he is satisfied with the defence’s progress in the case.