Ocampo told to disclose evidence to Ruto, Sang'

Friday, 08 April 2011 00:03 BY FRANCIS MUREITHI

CONFIDENT: Eldoret North MP William Ruto after appearing before ICC judges yesterday.

ICC judges have ordered prosecutor Luis Moreno Ocampo to disclose to the suspects the evidence he has against them. The judges told Ocampo to release to the defence lawyers the number of witnesses he intends to call as well as the number of witness statements he intends to use against William Ruto, Henry Kosgey and Joshua Sang'.
ICC judge Ekaterina Tendafilova, on behalf of judges Cuno Tarfusser and Hans-Peter Kaul of pre-trial chamber II, further directed Ocampo to disaclose to the suspects the amount of documents he intends to use.
Ocampo is also required to indicate if he intends to have documents released to the defence is a redacted or edited form and also an indication if he intends to request any protective measures to be put in place to protect witnesses, victims or anyone else once the evidence is released. Ocampo failed in his bid to shield his office from releasing the evidence with the judge ruling that it was the right of the suspects to have it.
Ocampo had argued that he could not disclose the evidence at this stage because the Kenyan government has filed a case at ICC challenging the admissibility of the cases.“The application made by the Kenyan government raising challenge with regard to admissibility to this case only prevents the prosecutor from furthering with investigations but not with disclosure, so you can proceed with disclosure Mr prosecutor,” ruled the judge.
The court directed that a status conference be held on April 18 to agree on a disclosure calendar. A single judge will be designated to organize the status conference and ensure it is carried out in a transparent, efficient and expeditious manner. The court directed that suspects will not be obliged to attend the status conference since they have competent lawyers representing them.
Ruto and Sang' had complained the prosecutor was yet to furnish them with details of the evidence.“The proceedings that are going to follow up until the confirmation of the charges hearing will give you all the opportunities to receive enough evidence for the purposes of confirmation hearing to be presented by the prosecutor who is the trigger and force of this case,” the judge added. “You have the right to receive and to have disclosed to you material which shows, or seeks to show innocence, litigate guilt or which may affect the credibility of the prosecution’s evidence, materials which are in possession of the prosecutor,” she added.
The ruling by the judge means that Ocampo’s office, is expected to provide the suspects with a document referred to as ‘‘summary of presentation of evidence”.
The purpose is to explain the prosecution case by reference to evidence including witness statements which the prosecution intends to rely on and how the evidence relates to the charges.
The rules guiding ICC cases allow the prosecution to seek court sanctions to withhold otherwise disclosable information for specified reasons.