Lawyer Gicheru questions ICC witness’ credibility

Kenyan lawyer Paul Gicheru has questioned the credibility of the International Criminal Court (ICC) witness who took the stand to testify against him.

Gicheru’s lead lawyer, Michael Karnavas yesterday depicted the prosecution witness, P-0800 as unreliable arguing that he provided them with false information and manufactured falsehoods to be passed on to the prosecution.

During the cross examination of the prosecution’s first witness, Karnavas argued that the witness was offered money to withdraw as a prosecution witness against Deputy President William Ruto and his co-accused radio journalist Joshua Sang.

“This person is a first-class confabulator. You did not lie out of fear but because you wanted to lie,” he said.

Karnavas said witness number seven repeatedly said P0800 coached him to be a witness. “Is he lying?” he posed but P0800 maintained that the witness lied saying “I have not manufactured anything”

P0800 said Gicheru would do anything to protect themselves, including influencing witnesses.

“The counsel knows exactly how people like his client are able to get witnesses to provide false information,” he said.

P0800 on Tuesday told the court he was offered a bribe to recant all his testimonies in order to undermine the case against Deputy President William Ruto and the then KASS radio presenter Joshua Arap Sang at the ICC.

Witness P0800 further said those offering the bribe asked him not to appear before the court when needed to testify.

Karnavas told the court P0800 spoke to OTP 58 times for 43 days for about 150 hours and generated 734 pages of evidence.

P0800 however said he had not done the calculations but gave sufficient evidence in the case.

The defence said the witness reviewed the documents on March 25, 2014 with the OTP and was questioned in person.

He said the witness was told he was going to be interviewed on tape “the reason being they wanted full honesty this time round and you answered okay”.

“What that means is that they had information that you may have tried to interfere with other witnesses. They even said you needed a lawyer and reminded you that you needed to be 100 per cent honest,” he said.

He told the court that after the witness left the OTP after giving evidence on the first occasion, he was involved in witness tampering.

“You told us you were honest with the prosecution but so far the impression we get is that OTP viewed you as a liar,” he added.

P0800 objected and said he was uncomfortable being referred to by the defence as a liar.

“Why is it that the counsel keeps referring to me as a liar though it is his line of asking questions? I ask the counsel to respect my integrity. If I was a liar, all the information I brought would not be here. The information I gave is of substance,” he said.

Presiding judge Miatta Maria Samba intervened and asked P0800 to remain calm even when the defence calls him a liar.

“I assure you the counsel does not mean to demean you. Just calm down and answer the questions and things will be smooth. If you will be mentioning any witnesses, then we will have a private session,” she said.

Gicheru is accused of committing offences against the administration of justice in the case against the two. He has pleaded not guilty to eight charges of interfering with witnesses.

Gicheru who is facing seven counts of witness meddling earlier on denied all charges.

The prosecution, during its opening remarks, explained how Gicheru tried to bribe and intimidate prosecution witnesses, so as to withdraw their assistance from the court.

Ruto’s case was vacated in 2016 over insufficient evidence. The ICC, however, declined to acquit him.

The trial started with the reading of the charges against Gicheru.

The Chamber was satisfied that the accused understood the nature of the charges.

Gicheru surrendered to the authorities of The Netherlands in November 2020 pursuant to an ICC arrest warrant issued under seal on March 10, 2015.

His first appearance before the Court took place on November 6, 2020.

On February 1, 2021, he was released to Kenya with specific conditions restricting his liberty.

On July 15, 2021, ICC Pre-Trial Chamber A confirmed the charges of offences against the administration of justice brought by the Prosecutor against Gicheru and committed him to trial.

The witnesses Gicheru is said to have improperly engaged were in the case against Deputy President William Ruto, journalist Joshua Arap Sang which terminated in April 2016, and Henry Kosgey in whose respect the court declined to confirm charges in January 2012.

The case was terminated about a year after a similar suit against President Uhuru Kenyatta was discontinued in March 2015.