Ocampo told he must disclose evidence

BY CAPITAL REPORTER

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null 1/1 ICC Prosecutor Luis Moreno Ocampo/FILE NAIROBI, Kenya, Apr 20 - International Criminal Court Prosecutor Luis Moreno Ocampo has lost a bid to block disclosure of evidence to the six Kenyan suspects pending the hearing and determination of a suit filed by the government challenging the admissibility of the cases. Capital News learnt from Kenyan lawyers who are still at The Hague after Monday's status conference that the Prosecutor had lost the case. "We will now have the evidence disclosed to us earlier," lawyer Evans Monari told Capital News on telephone from The Hague. Mr Ocampo had wanted the court to first allow the government case to be concluded, arguing that it could be prejudicial to his witnesses. "The security of the witnesses should not be affected without a final determination of the issues of admissibility. There is a significant risk in disclosing information that would identify witnesses before admissibility is finalised," the prosecutor said in his plea. He had asserted that disclosure move would unduly expose the identities of his witnesses. He said his main concerns on the security of witnesses was based on the public attention that the case had attracted in Kenya and events that signal that supporters of the suspects might attempt to retaliate against perceived witnesses. He cited the homecoming reception given to Uhuru Kenyatta and William Ruto as a pointer to potential intimidation of witnesses. "The concerns about the witnesses are based on the public attention that this case has attracted in Kenya and events that signal that supporters of the suspects might attempt to retaliate against perceived witnesses," Mr Ocampo added. Mr Ocampo wanted the prosecution allowed to withhold the evidence until it took further steps to protect the witnesses and their families. "In short, disclosure should be ordered after the issue of admissibility is decided. This course of action, would respect the right of a sovereign State to a fair consideration of its claims. It would respect the needs of the victims, whose identities should not be compromised in a case that could later be found to be inadmissible. It would respect the right of the Prosecution to complete its pre-confirmation investigations," he said. A status conference took place on April 19 where the prosecutor revealed he would rely on 20 witnesses and more than 7,000 documents in support of his case against Uhuru Kenyatta, Hussein Ali, Francis Muthaura, Henry Kosgey, William Ruto and Joshua arap Sang. The confirmation of charges hearing is due to take place on September 1 and 21. Follow us on TWITTER @CapitalFM_Kenya

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