Ocampo changes tact to prove cases

By Evelyn Kwamboka

The International Criminal Court Prosecutor Luis Moreno-Ocampo will not rely on live witnesses for the confirmation of charges hearing scheduled for September.

Moreno-Ocampo, who had lined up 20 witnesses for the hearing against six post-election violence suspects, said he would only rely on edited documented evidence in his possession.

"In an effort to conduct the hearing in the most efficient and expeditious manner, and in light of the ongoing and persistent concerns related to the security in Kenya, the prosecution indicates that it does not intend to call any live witnesses at the confirmation of charges hearings," he said.

The latest move comes barely two months after the prosecutor claimed releasing his evidence to the defence before the confirmation of hearings would expose his 20 witnesses, who include victims, to risk.

He had indicated that he would edit his witnesses’ identities and hospitals where they were treated.

The prosecutor is now left with more than 12,000 pages of edited documents he is to rely on.

The court had given the prosecutor and six post-election violence suspects until July 12 to indicate whether they intend to call live witnesses for the confirmation of charges hearings.

Pre-Trial Chamber II Judge Ekaterina Trendafilova stated in her June 20 ruling that those with live witnesses to submit information detailing the subject matter and the scope of the proposed testimony of each of them.Written statements

The deadline on calling live witnesses was extended for the defence lawyers for Eldoret North MP William Ruto, radio presenter Joshua arap Sang and Tinderet MP Henry Kosgey to July 19. The judge told the parties that although oral testimony is permitted, the confirmation of charges hearings could be based on witnesses’ written statements.

"The judge expects the parties to rely on live witnesses only when their oral testimony at the hearing cannot be properly substituted by documentary evidence or witnesses’ written statements," said Judge Trendafilova.

Article 68(5) of the Rome Statute and rule 81(6) of the court permits that both the prosecutor and the defence submit only a summary of evidence with a view to preventing disclosure of information that might put at risk witnesses or their families.

In the decision, the judge considered that the prosecutor and the defence teams would comply with the order, given that all the relevant information be made in their possession in advance.

The confirmation of charges hearings are to be held on September 1, for Ruto, Sang and Kosgey, and on September 21 for Uhuru Kenyatta, Francis Muthaura and Hussein Ali.