ICC Day 8 case 2: This case has no substantial evidence; Uhuru’s lawyers told the court yesterday
Posted by African Press International on September 29, 2011
It takes sufficient credible evidence to sent a person to trial and in the face of this case, credibility is critical.Uhuru Kenyatta’s lawyers told the court that after going through 6644 pages of disclosed evidence by the prosecution; it is their submission that the investigation in the case is centrally flawed.
The lawyers stated that when going through the disclosed evidence and on analysing them they had expected to find evidence that could support the prosecution’s case, but found none. They said instead of finding evidence to support the prosecution, they found evidence that is inherently flawed and unreliable in its fullness without unfounded allegations.
Witnesses 11 and 12 were defence witnesses in the first place but later changed course and ended up as the prosecution witnesses. They have lied and instead of getting the protection reserved for witnesses, they should be prosecuted. They wanted money from the defence and most probably they discovered that the prosecution can give them favours and the luxury they are looking for. It is clear from the statements that they want to help the prosecution by lying, in exchange for relocation away from their homes.
The prosecution is abusing the court process by relying on unsubstantiated rumours. To bring to court claims that cannot be verified is wrong. Witnesses have misled the prosecution claiming Mr Kenyatta bought pangas and distributed them to muingiki with instructions to kill other tribes during the post-election violence.
The statement relied upon by the prosecution in the court is from an anonymous witness claiming that Mr Kenyatta promised to pay Ksh 10.000,- per head for each luo or Kalenjin killed. The lawyers characterised this as ridiculous and should not even have been brought to court by the prosecution.
This evidence is of no value and must be disregarded. Those who make false statements that are false are dangerous and should know that such lies will come back and bite them, defence lawyer Kay told the court.
Mr Kenyatta will take the stand today starting at 14.30pm. When the presiding Judge asked him whether he wanted to give unsworn statement, Mr Kenyatta chose to give a sworn statement.
He will now be subjected to cross-examination by the prosecution and the Judges.