ICC: Muthaura case could be reviewed

By Felix Olick

Former Head of Public Service Francis Muthaura may have crimes against humanity charges against him at the International Criminal Court ( ICC) reconsidered by the Pre-Trial Chamber.

This follows acknowledgement by the Prosecution that dropping evidence from discredited witness Number Four was critical since the witness was the only direct witness against Muthaura.

“The witness whose statement is at issue was essential on the issue of Mr Muthaura’s criminal responsibility and, in fact, was the only direct witness against him,” the Prosecution said.

In her submissions to the judges, ICC ProsecutorFatou Bensouda said the Prosecution acknowledged its ‘disclosure’ error limited the defence’s ability to challenge the critical witness’ testimony, which appears to have been the principal evidence relied upon by the Pre-Trial Chamber in its decision to confirm the charges against Muthaura.

“The Prosecution does not oppose confirmation decision being referred back to the Pre-Trial Chamber for reconsideration with respect to Mr Muthaura, should the Trial Chamber determine that there is a legal basis to grant such relief,” Bensouda said.

The ICC prosecutor has already said she is not opposed to application for a three-month delay of trial by Jubilee flagbearer Uhuru Kenyatta and his running mate William Ruto.

But at the same time she insists she is ready to prosecute them for crimes against humanity from April 10 and April 11, if the judges do not grant the request by the Kenyans.

She suggested trials are put off until August 2013 but the Trial Chamber V judges will rule on the applications.