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Wednesday, April 20, 2011

ICC: Ocampo must disclose Kenya chaos evidence

ICC Pre Trial Chamber 11 Judge Ekaterina Trendafilova has ordered prosecutor Moreno-Ocampo to disclose evidence to the six suspects so that their defence teams can adequately prepare for the confirmation hearings due in September April 20, 2011. FILE
ICC Pre Trial Chamber 11 Judge Ekaterina Trendafilova has ordered prosecutor Moreno-Ocampo to disclose evidence to the six suspects so that their defence teams can adequately prepare for the confirmation hearings due in September April 20, 2011. FILE
By OLIVER MATHENGE
Posted  Wednesday, April 20 2011 at 18:28

International Criminal Court Prosecutor Luis Moreno-Ocampo's bid to withhold his evidence on Kenya's post election violence cases failed Wednesday after a judge rejected his application.
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ICC Pre Trial Chamber 11 judge Ekaterina Trendafilova ordered Mr Moreno-Ocampo to disclose evidence to the six suspects so that their defence teams can adequately prepare for the confirmation hearings due in September.
The Prosecutor was given three distinct dates in which he is to release evidence to the suspects.
He has also been ordered to, not later than August 19, file “the Document Containing the Charges and the List of Evidence”.
The judge also gave the defence teams dates by which they are also to release their own evidence to Mr Moreno-Ocampo.
Judge Trendafilova has ordered the Prosecutor to disclose to the Defence any evidence collected before he named the six suspects and which no redaction is needed by Friday, June 3.
On the same day, the Chamber has asked the prosecutor “to submit properly justified proposals” for redactions on any of the evidence.
“The Single Judge orders the Prosecutor to disclose to the Defence any evidence for which redactions will be requested no later than five days after the Chamber’s decision regarding such redactions,” Judge Trendafilova said in her ruling.
He has also been ordered to, have by the same date, permitted the Defence to inspect any books, documents, photographs and other tangible objects in his possession or control which either he intends to use at the confirmation of charges hearing.
For evidence collected after December 15 last year but before the judges summoned the six suspects, the prosecutor has until Friday, June 24 to disclose it to the defence and file for any redactions. Inspection of such evidence by the defence teams is also to have been done by the same date.
Any evidence that was collected after the judges had been issued the summonses, is to be released to the defence by July 29.
The judge also ordered the defence teams to disclose to the Prosecutor the evidence they intend to present at the confirmation hearing and to file the list of such evidence by Monday, September 5. If they want any redactions they will have to submit the proposals to Chamber by Friday, August 12.
By Friday, August 29, the defence teams are supposed to have permitted the Prosecutor, to inspect any documents, photographs or tangible objects in the possession or control of the Defence to be used at the hearing.
“The single Judge orders the defence teams to notify the Prosecutor of their intention, if any, to raise the existence of an alibi or to raise a ground for excluding criminal responsibility, and to present the evidence on which they intend to rely for either purpose, sufficiently in advance to enable the Prosecutor to prepare adequately and to respond,” said the judge.
The suspects are: Finance minister Uhuru Kenyatta, Civil Service head Francis Muthaura, Postmaster General Hussein Ali, Eldoret North MP William Ruto, his Tinderet counterpart Henry Kosgey and radio presenter Joshua arap Sang.

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