Ocampo moves to block evidence disclosure

By Evelyn KwambokaInternational Criminal Court Chief Prosecutor Luis Moreno-Ocampo now wants Pre-trial Chamber II to drop the demand that he discloses evidence against the six post-election violence suspects ahead of the confirmation hearing.
Ocampo’s request comes barely 72 hours before the disclosure conference takes place as ordered by the Chamber’s Judge Ekatrina Trendafilova when the suspects appeared before the court last week.
In application, Ocampo said disclosure of full evidence to the defence would adversely impact on his independence and authority.
If allowed to appeal, Ocampo wants the matter to be heard and determined by the full Chamber comprising Judges Trendafilova, Hans Peter Kaul and Cuno Tarfusser.
If forced to disclose, the Chief Prosecutor said he would be forced to divert resources to extra statutory duties instead of investigation and prosecution of other cases.
"If the Chambers continue to require expenditure of significant prosecutorial resources in ways that are not required by the Statute or Rules that will also improperly restrict the prosecution’s independent authority to undertake other investigations, including those referred by the Security Council or States," he said.
Ocampo said disclosure of evidence is time and resource consuming.

ICC Chief Prosecutor Luis Moreno-Ocampo is challenging requirement that he discloses evidence against the six suspects. [PHOTO: FILE/STANDARD]

"The imposition of this taxing requirement on the prosecution renders it unavoidable that the prosecution will need to delay and postpone the confirmation proceeding," he said.
He said the decision to communicate to the Chamber all evidence furnished to the defence ‘imposes a burden without benefit’.
Eldoret North MP William Ruto’s lawyer, Prof Kithure Kindiki told The Standard they are prepared for the status conference scheduled to take place on Monday.
It is at this conference Ocampo is expected to table all evidence he has against Ruto, Finance Minister Uhuru Kenyatta, Tinderet MP Henry Kosgey, Civil Service boss Francis Muthaura, Postmaster General Hussein Ali and radio presenter Joshua Sang.
"We are prepared for the status conference and as at now, there is no order stopping it. Unless he obtains the order today," Kindiki said.
The status conference was set up for April 18 during which the defence and prosecution would meet for full disclosure of evidence.
The judge issued orders on disclosure after Muthaura’s lawyer, Karim Khan said Ocampo should hand over all evidence he gathered before seeking summons for the suspects to appear before the Chamber.
The Prosecutor who was present immediately conceded that he had issues undertaking full disclosure before a decision on an application filed by the Kenyan Government on admissibility is determined.
Ppotential relevance
"The filing of the inadmissibility challenge cannot be used to impede timely disclosure. We want a clear commitment of the Prosecutor today because I do not want to come later after ten days to ask what I am asking today," Khan protested.
The judge then ordered Ocampo to furnish the defence with all the evidence before the confirmation of charges hearing scheduled for September. This she said should be done at the status conference.
The judge ruled Ocampo’s analysis must consist of presenting each piece of evidence according to its relevance in relation to constituent elements of the crimes he presented.
Ocampo is now asking the Chamber permission to appeal on the issue of whether the Statute and Rules impose a duty on him to explain to the defence the potential relevance on non-incriminatory evidence.