ICC cloud hangs over Ruto after recalling of key witness
The International Criminal Court has summoned a key witness who testified against Deputy President William Ruto, and Radio Journalist, Joshua Sang, to testify for the prosecution in the case against Paul Gicheru.
Trial Chamber Judge Miatta Maria Samba wants the witness, P-0743, to appear at The Hague and testify via video link at the dates, time and place the prosecution and the registry will communicate.
The court has requested the assistance of the country of the witness’ residence to ensure the witness appears in court by informing them of the obligation to testify.
Neither the identity of the witness nor his or her current country of residence have been revealed.
The summons came yesterday, a week after the court summoned a hostile prosecution witness and asked an unidentified government to secure and facilitate his attendance at Gicheru’s trial.
The witness named P-0743 testified in the Ruto-Sang case but stopped cooperating with the prosecution.
Last week, the witness evaded the Office of the Prosecutor (OTP) and dropped communication after the court issued similar summons.
“Despite the prosecution’s use of all reasonable efforts at its disposal to locate or contact P-0743 to secure his voluntary attendance at trial, he remained unreachable,” said Deputy Prosecutor James Stewart.
Stewart approached the court seeking summons to compel the unrevealed witness to testify.
“On 25, 28 and 31 January 2022, the witness has broken off all communications. Since the witness now appears to be unwilling to cooperate further with the Court and time is of the essence to ensure a smooth presentation of the evidence, the Prosecution can only secure attendance at the upcoming trial via a summons request,” the prosecutor’s office stated.
Stewart noted that the anticipated testimony by the said witness was necessary for the determination of the truth and provide important information which includes the accused’s role in promising and paying money to Prosecution witnesses in the Main Case. The decision for this request is to be issued by Judge Maria Samba.
Further, on February 2, Judge Samba agreed to issue summons for P-0743 noting that a chamber has the power to compel the appearance of a witness, pursuant to Article 46) (b) of the Rome Statute.
While requesting summons for P-0743, the Prosecution termed the witness testimony in the current case as relevant since he also testified on witness interference during his testimony before the Chamber in the Main Case, implicating Gicheru.
In 2021, the prosecution citied difficulties with witness P-0604 and P-0495.
Prosecutor Stewart and the team stated that the prosecutor’s office had decided to drop the two witnesses. However, P-0459’s papers were admitted as evidence to be used by the prosecution.
Gicheru has been charged with offences against the administration of justice consisting of corruptly influencing witnesses of the Court in the case of The Prosecutor Ruto and Sang.
