International Criminal Court Chief Prosecutor Fatou Bensouda seeking to amend case charges

ICC Chief Prosecutor Fatou Bensouda wants new charges allowed.

By ALLY JAMAH

The International Criminal Court Chief Prosecutor Fatou Bensouda has warned that if she is not allowed to amend charges against Deputy President William Ruto and former journalist Joshua Arap Sang, her case may be unfairly weakened.

In her application seeking permission to appeal against a decision by a judge of the pre-trial chamber to reject her plans to amend the charges, Bensouda said the case would not be fair if she is not allowed to include incidents that allegedly happened on December 30 and 31, 2007.

She wants to include the alleged incidents of rapes and killings that happened in the greater Eldoret area on the two days.

“Amputating a significant part of my case, the prosecution may be deprived from fully presenting our case in court as we may not be able to fully prosecute the accused for the crimes of murder, deportation or forcible transfer and persecution committed in the greater Eldoret area on 30 and 31, December 2007,” she said, adding: “The decision severely curtails the prosecution’s ability to establish the truth and affects the fairness of the proceedings. We may need to reassess the strategy of the case as well as presentation of evidence, including the order of witnesses.”

The prosecutor sensationally claimed that by excluding December 30 and 31, 2007 in the greater Eldoret area from the scope of the trial, it amounts to denying her office the chance to charge and prosecute Ruto and Sang for crimes allegedly committed in those locations during those dates.

• .

  Keep Reading

• 
  Intrigues behind Mueke's replacement as EAC secretary general
• 
  Who is General Francis Ogolla?
• 
  Ruto in Times 100 most influential people
• 
  Refund public funds or face prosecution, Ruto warns officers with fake credentials

Bensouda claimed the exclusion of the two dates would also deny the victims the opportunity to determine the guilt and innocence of the two and the ability to seek reparations in case the two are found guilty of the charges.

Eldoret crimes

“It will also be unfair to witnesses who provided statements with respect to the dates excluded saying it was risking their safety and that of their families,” she said.

She added: “It is not good that the evidence of those witnesses will not serve to support an eventual conviction of the accused with respect to the Eldoret crimes during 30 and 31 December, 2007.”

During the confirmation of the hearing, judge of the pre-trial chamber expressly confirmed charges with respect to alleged killings, rape and deportation of people in the greater Eldoret area from January 1, to 4, 2008. They however, did not expressly reject incidents of December 30 and 31, 2007, the way they did for incidents after January 4, 2008.