ICC Day 6 case 2: Confussion reigns in the court
Posted by African Press International on September 27, 2011
The Pre-Trial Chambers has a problem. There is conflicting evidence to be dealt with. The Kenya case is very unique because it is the first case brought to the court due to the prosecutor’s own initiative. The case was not referred to the ICC by the UN or any other recognised international organ.
The Kenya cases started on the 1st of September with Hon. William Ruto, Hon Henry Kosgey and Joshua Sang classified as case one, and now case two is on with Hon. Uhuru Kenyatta, Mr Francis Muthaura and General Hussein Ali.
The prosecution has had an uphill battle so far. However, if the defence do not present strong defence witnesses, things can turn ugly because the prosecution seems to have a strategy to ensure that the defence witnesses are put in a situation where they fall into a trap, if one has to go by what happened to yesterday’s defence witness, the former District Commissioner who served in Naivasha during the post-election violence, Mr Lucas – now serving the government in Kilifi District in the same capacity.
The prosecution did their best to confuse him during the cross-examination yesterday.
The case is beginning to be complicated. The prosecution wants the case to go to trial, while the defence wants the case dismissed.
We have noted, however, during the proceedings that the Judges are not in unison. There is a particular Judge who seemingly wishes to sent the case into full trial.
Reliable source say that one of the Judges in the Pre-Trial panel has intentions to become the next ICC President and this may play into the judgement in this case.
uhuru kenyatta, william ruto, defence witness, election violence, and defence witnesses.