Evelyn Kwamboka
The confirmation of charges hearings for the six post-election suspects are set to start from September 1 to 12 at The Hague. On the first day the hearing will start from 2.30pm Netherlands time to 8pm.
The confirmation of charges hearing determine whether the suspects can be taken for trial or set free.
This will be based on the evidence to be produced by ICC Prosecutor Luis Moreno Ocampo and the defence team comprising of Eldoret North MP William Ruto, Tinderet MP Henry Kosgey and radio presenter Joshua Sang.
In its timetable released last Thursday, the Pre-Trial Chamber II will start with Ruto’s observation on jurisdiction, admissibility and procedural matters.
He will be followed by Kosgey and Sang.
The applications on jurisdiction and admissibility are to be filed at the court not later than August 30 when the court’s Appeals Chamber is expected to deliver its decision on the appeal that was lodged by the government.
Failure to file the applications, the chamber will reject any arguments related to the matter during the September hearing.
It is on September 3 that Ocampo presents his evidence and modes of liability of each suspect then Ruto gives his defence.
On the same day at 6.30pm, Ruto’s first witness is to take the witness stand.
The witness is to give evidence aimed at countering what the prosecutor will present in court.
Ocampo will have part of the Monday morning to question the witness before Ruto brings in his second witness.
From September 6, hearing on confirmation of charges against Kosgey will kick-off as Sang’s team prepares to take the stand from September 9 to 10.
On Thursday, Pre-Trial Chamber II judge Ekaterina Trendafilova said that when referring to witnesses at the hearing, lawyers will use pseudonyms or codes for security purposes.
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