ICC prosecutor pores over Miguna book in search of fresh evidence

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The International Criminal Court prosecutor is seeking more evidence for the Kenyan cases in Miguna Miguna’s book, Peeling Back the Mask. Photot/FILE 

By OLIVER MATHENGE omathenge@ke.nationmedia.com
Posted  Saturday, July 28  2012 at  23:30

IN SUMMARY

• Officials from Bensouda’s office say they are reading Peeling Back the Mask ‘with interest’

The International Criminal Court prosecutor is seeking more evidence for the Kenyan cases in Miguna Miguna’s book, Peeling Back the Mask.

The ICC prosecutor’s office also said it was casting its net wider to include new witnesses to consolidate the cases against Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, former head of civil service Francis Muthaura and radio presenter Joshua arap Sang. The four will stand trial at the ICC from April 10, 2013, for alleged crimes against humanity.

Officials from Fatou Bensouda’s office last Thursday said they were studying the book by Prime Minister Raila Odinga’s former adviser to see if they could get any insights into the crimes committed during the post-election violence.

Head of the Jurisdiction, Complementarity and Cooperation Division Phakiso Mochochoko and Associate International Cooperation Adviser Shamiso Mbizvo said they were reading Miguna’s book with interest but declined to confirm if they had found anything useful to the prosecution.

“The book is interesting reading. What will come out of it, whether it is going to form any part of our evidence or anything else, is something that I cannot comment on for now,” Mr Mochochoko said.

Another former insider, Mr Tony Gachoka, who left the PM’s office acrimoniously, attended an ICC news conference in Nairobi where he was seen handing the officials some documents.

The Sunday Nation has learnt that Mr Gachoka volunteered to cooperate with the ICC and give information on what he knows about the post-election violence.

The officials said that they would get in touch with him so that he could record a statement.

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Mr Gachoka has told the ICC prosecutor in an email that in the course of his work, he came across crucial material that may help the Trial Chamber understand some of the pertinent issues arising in relation to the violence and the subsequent proceedings.

Speaking to the Sunday Nation, Mr Gachoka, who was chief of protocol in the PM’s office, said he was willing to give information to the ICC on some of the issues that he believes are not before the court.

The prosecutor’s office has reiterated that its witnesses were being threatened by undisclosed people. But they did not disclose whether any of the four accused are suspected of intimidation.

The issue of witnesses has been at the centre of arguments especially between the prosecutor and Mr Kenyatta, who has challenged the credibility of the prosecution witnesses.

In his recent submissions, Mr Kenyatta asked the court to order the prosecution to disclose the identity of witnesses 11 and 12 and wants to know if the prosecution will rely on their evidence and that of witness 4.

The prosecution has said it cannot reveal the identities of the witnesses for security reasons.

Mr Kenyatta, through his lawyers, said that on April 1, 2011, Witness 11 told a member of his defence support team that there had been “an attempt by ODM to induce the two witnesses to cross over and testify” for the prosecution.

He added that prior to March 12, 2011, Witnesses 11 and 12 had provided exculpatory evidence to the defence. Exculpatory evidence justifies or excuses a defendant’s actions, and tends to show the defendant is not guilty or has no criminal intent.

Mr Mochochoko said Mr Kenyatta, Mr Ruto and Mr Muthaura could have their charges distributed in more than one category. They say this would give the prosecution undue advantage at the trial.

The three accused argue that the requests by the prosecution are an improper interpretation of the law and it is inconsistent with the court’s jurisprudence.

Ms Bensouda is seeking to introduce new elements, including further charging the accused with contributing to, ordering, soliciting or inducing crimes committed during the violence.

Ms Bensouda is seeking to introduce new elements, including further charging the accused with contributing to, ordering, soliciting or inducing crimes committed during the violence.