ICC agrees to move trials to August!!!

[Ab-Titchaz]

ICC prosecutor agrees to push trials to August

By EMMANUEL ONYANGO
Posted Tuesday, February 26 2013 at 17:53

The International Criminal Court Prosecutor Fatou Bensouda has consented to requests by the four Kenyan suspects to have their trials adjourned.

Prosecutor Bensouda however proposes that the trails should start " immediately after the Court's summer recess."

In a letter to the Court, Ms Bensouda states that she is still ready to proceed with the trials should the Judges reject the suspects' requests for an adjournment.

"The Prosecution suggests that a start date immediately after the Court's summer recess may be appropriate, although it is ready to start trial earlier, should the Chamber so order," said the prosecutor.

The Court's three judges now has to rule on the suspect's request for adjournment.

Jubilee Alliance presidential candidate Uhuru Kenyatta, his running mate William Ruto, former head of civil service Francis Muthaura and former radio journalist Joshua Sang are facing charges of crimes against humanity allegedly committed at the height of Kenya's post-election violence in 2007 and 2008.

The suspects had made requests for their respective trials to be adjourned to prepare better for their cases.

In her consent to the adjournment, Prosecutor Bensouda acknowledged the logistical challenges for the court that make it difficult to start trial in April.

"The Prosecution recognizes that a variety of logistical constraints make a trial on 10 April 2013 unlikely. Therefore, the Prosecution does not object to a reasonable adjournment, but recommends that the Trial Chamber set a new date now to provide more certainty for the parties and victims," said Ms Bensouda in her letter to trial chamber 5 with regard to charges against Mr Ruto and Mr Sang.

"Because it appears that the Court's operational restraints may make an April start date untenable in any event, the Prosecution does not object to a reasonable adjournment...the Prosecution suggests that a start date immediately after the Court's summer recess may be appropriate," she adds.

Ms Bensouda makes a similar concession in the cases against Mr Kenyatta and Mr Muthaura.

Mr Kenyatta and his running mate Mr Ruto now stand a chance of being in the country for a potential runoff should the Judges grant their request for an adjournment.

Various opinion polls have indicated that a presidential runoff is most likely between Mr Kenyatta and his main rival Prime Minister Raila Odinga.

ICC prosecutor agrees to push trials to August - CAMPAIGN NEWS - elections.nation.co.ke

 

[Ab-Titchaz]

Standard Digital News - Kenya : ICC accepts to adjourn Kenyan suspects trial-

 

[Geza Ulole]

the good thing is UhuRuto will not have excuses of losing the elections in March 04

 

[symon karanja]

the good thing is UhuRuto will not have excuses of losing the elections in March 04

N the gud thing z dat they will have become president by then

 

[Dr. Job]

the good thing is UhuRuto will not have excuses of losing the elections in March 04

I dont trust NMG with their reporting. Here is what the Standard is saying...its about 'MAY"


Why Uhuru, Ruto trials may move to August

By FELIX OLICK

Kenya: The Hague Prosecutor Fatou Bensouda 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.

The new development came even as Bensouda agreed that the case against former Head of Civil Service Mr Francis Muthaura might be referred back to the Pre-Trial Chamber for reconsideration.

But with her willingness to accommodate the request by the four accused Kenyans, Bensouda could have given the judges reason to grant it, even though this will have to be considered alongside objection by the lawyers for victims who insist on a speedy trial.

If granted, the trials would then start in August, meaning Uhuru and Ruto, would go into next week’s election confident that even if there is no clear winner and they take the first or second slot, the run-off in April will see them in the country freely campaigning.

The postponement of trials if granted could significantly influence their campaigns because the two are not only serious contenders as shown by opinion polls, but also because in case of run-off under the current court schedule, they would have to be away at The Hague as per court rules.

In case there is no clear winner between Uhuru and his main opponent, Coalition for Reforms and Democracy Presidential candidate Raila Odinga, a run-off election is scheduled a month after Monday’s presidential vote, which coincides with the start of The Hague trials against the two. Ruto and Uhuru cited their participation in the presidential election to press for a postponement of their trial with Ruto’s defence team calling for a three-month delay.

In submissions to the Trial judges, Bensouda said although the prosecution was ready to proceed with the trial as scheduled, she was not opposed to a delay.

She suggested trials are put off until August 2013 but the Trial Chamber V judges will rule on the applications. In her response to the defence request for postponement of the trial start dates, Bensouda recommended that the trials can start in August — five months after next week’s General Election.

Bensouda said that her office recognises a variety of logistical constraints that make April 10 and 11schedule unlikely although her office was ready to proceed with the case. “The Prosecution is ready to proceed as scheduled. At the same time, the Prosecution recognises that a variety of logistical constraints make a trial on 10 April 2013 unlikely,” Bensouda said.

“Therefore, the Prosecution does not object to a reasonable adjournment, but recommends that the Trial Chamber set a new date now to provide more certainty for the parties and victims,” she added. Initially, the three-judge bench had set April 10 as the start date for the first case against Ruto and former Radio Journalist Joshua Arap Sang. That against Uhuru and Muthaura was to start a day later.

The four Kenyan suspects had argued that they needed more time to prepare their cases citing late disclosure of prosecution materials, revision of charges and removal or addition of witnesses. “It is submitted that such extensive late disclosure, which is still continuing, was anticipated by neither the defence team nor the Chamber. In those circumstances, the defence invites the Chamber to consider providing it with more time to prepare its case,” Ruto’s lawyer David Hooper had argued.

They also maintained that the cases against them had changed fundamentally from what was confirmed, and the witnesses have also changed, affecting their defence strategies. Bensouda suggested to the Trial Chamber V Judges the trials can kick off immediately after the Court’s summer recess. According to the Court’s calendar, the summer recess starts from Friday, 19 July 2013, until Monday, 12 August 2013.

The request would be granted or rejected by the bench headed by Presiding Judge Kunikop Ozaki. Recent opinion polls have predicted that Uhuru and Raila are neck and neck in the presidential race and neither of the two would win the vote in the first round. However, given uncertainty of polls and the dynamic and ever-changing nature of political trends, the first round could still produce a winner but albeit with a very narrow margin.

According to transition timelines, the president-elect shall be sworn in on March 26. But if the request is granted, the two would be available even if the vote scheduled for Monday next week spills into a run-off and the presidential results are further challenged in court.

DEADLINES
However, the prosecution insisted it has carried out its disclosure in accordance with the deadlines set by the Chamber, “notwithstanding the unprecedented level of witness tampering in the cases and the associated witness security challenges.” “The facts alleged in the Prosecution’s pre-trial brief fall within the four corners of the charges confirmed by the Pre-Trial Chamber and contained in the Updated Document Containing the Charges,” she argued while rebutting the accusations by the defence teams.

Uhuru and Muthaura had argued that the case advanced against them by the prosecution had metamorphosed adding that it was based upon new and untested evidence obtained after confirmation of charges.

The two had also requested that their case be referred back to the pre-trial chamber after the prosecution dropped a key witness that linked them to alleged meeting at State House where Mungiki members attended.
But in another response to the defence request, Bensouda requested the judges to dismiss Uhuru’s application but agreed that Muthaura’s application can be considered.

Standard Digital News - Kenya : Why Uhuru, Ruto trials may move to August

 

[ZeMarcopolo]

govern by skype...

 

[mayenga]

For the interest of all Kenyans,endorsing Jubilee coalition in power will be like playing unknown tunes to the dancing hall!!

 

[Edzeame]

A listening government is all that we need

 

[mfianchi]

Leo nimemsikia Sang yule mwanahabari aliye na kesi ya kimbali alitembelewa na wana CORD wakiongozwa na vinara 3,nimemsikia huyu kijana,hakika maneno yake yamenichoma moyo na kwa hali ya Kenya huyu kijana ni jasiri kwa maneno aliyosema mtu mwingine hawezi,namuombea kwa Mungu amuongoze kwa hekima katika masaibu yanayompata.