William Oeri | nation Chief prosecutor Luis Moreno-Ocampo outside the International Criminal Court on Thursday shortly after the conclusion of the first day of the confirmation of charges hearings.
By ERIC SHIMOLI eshimoli@ke.nationmedia.com
Posted Saturday, September 3 2011 at 22:00
Posted Saturday, September 3 2011 at 22:00
IN SUMMARY
- Defence team expresses relief the prosecution did not reveal anything they did not expect to hear
A sense of relief and confidence is gradually developing among the teams representing three post-election violence suspects facing confirmation of charges hearings at The Hague.
In interviews both on and off the record, Eldoret North MP William Ruto, broadcaster Joshua Sang and teams of lawyers representing the two and suspended Cabinet minister Henry Kosgey appeared relieved that no earth-shaking revelations had been made by the prosecution team.
Mr Ruto dismissed the prosecution’s case as “the same old tired stuff we have become used to”, while Mr Sang said those who gave evidence linking them to the crimes should “use their creative minds by seeking employment in Hollywood after the case is dismissed”.
Mr Ruto said he felt vindicated after observing events of the first three days of confirmation of charges hearings.
“We have had our day in court,” said Mr Ruto. “I am happy with what my defence team has done ... we knew what Mr Ocampo and his team were going to say. They did not say anything earth-shattering. They did not say anything we did not know.”
Their confidence was so high that even Mr Kosgey, who rarely gives interviews, said he was eagerly waiting his day in court on Monday.
“I am feeling confident. From the beginning we said these things were lies,” said the Tinderet MP.
Political wing
The prosecution’s case appeared to be anchored on claims that Mr Ruto and Mr Kosgey headed the political wing of an organisation that plotted to kill, evict and torture in particular PNU supporters living in the Rift Valley.
The prosecution has described Mr Ruto as the political head of the organisation and, together with Mr Kosgey, as the main financiers of the killings, torture and evictions. The two have denied these claims.
Mr Sang was the media representative, the prosecution has claimed, using the vernacular radio station Kass to pass messages to gangs of killers and direct them to target areas, a claim denied by Mr Sang.
Defence lawyers also argued that the prosecution appears to have confused mobilisation for campaigns for a parliamentary race during a general election with mobilisation to plan post-election violence.
A broadcast clip of Mr Ruto making an appeal for calm and peace on January 1, 2008, and the fact that the Eldoret North MP was a prominent member representing ODM in the Koffi Annan-mediated talks have been used to show him as a peaceful man.
Kalenjin tradition also played a major role in the case, with the defence drawing on aspects of the culture to demonstrate that Mr Kosgey could never have been summoned to Mr Ruto’s home for a meeting. According to tradition, an older person cannot be summoned to a younger man’s house.
There was also an attempt by Mr Ruto’s lawyer, Mr David Hooper, to introduce Prime Minister Raila Odinga into the case.
The lawyer said some witnesses had indicated that Mr Odinga had attended meetings where funds were raised. He asked why other suspects had been brought before the court while Mr Odinga had been left out.
He also denied ever visiting Mr Ruto’s Sugoi home in Eldoret North as alleged by the prosecution. Mr Cherambos was the first defence witness for Mr Ruto.Some lawyers believe that Mr Odinga could be summoned as a defence witness should the charges be confirmed. Mr Ruto’s lawyers brought former commandant of the General Service Unit Samson Cherambos, named by the prosecution as one of the commanders of the military wing of the network responsible for the killings in the Rift Valley, who denied meeting Mr Ruto to plan the violence.
The defence also challenged the idea of there having been a structured network, saying that the violence was spontaneous with people protesting contested presidential election results.
They also argue that the violence was spread beyond the Rift Valley and was witnessed in Western, Nyanza, Coast, Nairobi and Central provinces, saying this could not be blamed on Mr Ruto, Mr Sang and Mr Kosgey’s planning.
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