By FELIX OLICK
In his submission to the Trial Chamber V Judges, KunikoÂ Ozaki,Â ChristineÂ VanÂ denÂ Wyngaert and Chile Eboe, Uhuru argued that the prosecution should be restrained from contacting a party or a participant in the proceedings until the Chamber has established an appropriate protocol. Â
âThe Defence hereby respectfully requests the Chamber to immediately issue an order prohibiting the Prosecution from contacting through direct or indirect means âpotential defence witnesses,â argued Uhuruâs Defence Counsel, Steven KayÂ and Gillian Higgins.
The Defence said that they filed the motion because of the revelation during the first Status Conference last week that the prosecution had been in contact with at least one of former Head of Civil Service Francis Muthauraâs Defence witnesses.
âThe Â motion filed arises from the revelation during Trial Chamber Vâs (the âChamberâ) first Status Conference on June 12, 2012 that the prosecution had been in contact with at least one of Muthauraâs defence witnesses without following the accepted protocol of the International Criminal Court in relation to contacting witnesses of another party or participants in the proceedings,â the motion reads in part
Meanwhile, the new ICC Prosecutor Fatou Bensouda has disclosed exculpatory evidence to all the four Kenyans facing trials at The Hague based Court.
BensoudaÂ disclosedÂ the twoÂ itemsÂ ofÂ potentiallyÂ exculpatoryÂ evidenceÂ andÂ 17 other itemsÂ underÂ RuleÂ 77 of theÂ RulesÂ ofÂ ProcedureÂ andÂ EvidenceÂ last week on Wednesday.
The disclosure was made to the defenceÂ of Uhuru, Muthaura, Eldoret North MP William Ruto and Radio presenter Joshua Arap Sang.
DuringÂ the statusÂ conference, the Prosecution submitted that a first set of approximately 20 items has been identified and could be disclosed immediately because no reduction was required.