Evidence sharing set to begin at The Hague

Defence teams for the post-election violence suspects Sunday landed at The Hague, bracing for battle with chief prosecutor Louis Moreno-Ocampo in the sharing of evidence scheduled to start on Monday. Photo/FILE

By Emeka-Mayaka Gekara, gmayaka@ke.nationmedia.com
Posted  Sunday, April 17 2011 at 20:25

Defence teams for the post-election violence suspects Sunday landed at The Hague, bracing for battle with chief prosecutor Louis Moreno-Ocampo in the sharing of evidence scheduled to start on Monday.

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The pre-trial chamber is also expected to respond to the prosecutor’s intention to challenge the evidence disclosure mode suggested by International Criminal Court Judge Ekaterina Trendafilova.

The judge has directed disclosure of all the evidence the prosecutor has.

“The evidence must be analysed page by page or, where required, paragraph by paragraph.”

The same scrutiny would apply to photographs, maps, videodiscs or objects the prosecutor intends to use.

Evidence sharing is tailored to help the suspects prepare their defence.

But Mr Moreno-Ocampo says if the system is adopted, the disclosure will take more than a year and therefore postpone the confirmation hearing scheduled for September.

“Even with the utmost diligence and speed, the prosecution will not be able to produce the full analysis prior to the confirmation hearing. This will by necessary implication require a postponement of the hearing date,” he says.

He has described the system as a burdensome obstacle and says certain aspects are outside his mandate.

“The prosecution estimates that the materials disclosable amount to approximately 1,056 documents (a total of 12,947 pages). In order to comply with the terms of the decision, it will require a total of 421 review days to conduct the disclosure review and 161 review days to produce the in-depth analysis chart.”
The defence teams have said they will fight the prosecutor’s application, saying it contravenes the suspects’ right to a fair trial.

Ken Ogeto and Karim Khan have been retained by Francis Muthaura.

Deputy Prime Minister Uhuru Kenyatta is represented by British lawyers Steven Kay and Gillian Higgins while Gregory Kehoe, Evans Monari and Gershom Otachi act for Hussein Ali.

Mr William Ruto is represented by David Hooper, Kithure Kindiki and Kioko Kilukumi while George Oraro and Katwa Kigeni lead Henry Kosgey and Josua Sang’s defence teams.