International Criminal Court (ICC) Prosecutor Fatou Bensouda is not opposed to the applications by Deputy President William Ruto and his co-accused Joshua Sang seeking more time to file a motion they hope will counter the prosecution’s case and secure their acquittal.
Bensouda argued that the Trial Chamber could allow the defence to file their “no case to answer” motion, 14 days after they filed an appeal to contest admission of prior-recorded testimony of five hostile prosecution witnesses.
As the prosecution closed its case on September 10, 2015, the deadline for submitting the motion should have been September 24. However, the defence wants this extended by 14 days after the September 21 deadline for submission of its appellate brief on prior recorded testimony.
If the judges agree with the motion, Ruto and Sang will be acquitted even without putting up their own defence.
According to the schedule, the “no case to answer” motion must be filed not later than 14 days following the last day of the prosecution’s case. The prosecution closed its side of argument last Thursday passing the baton to Ruto and Sang’s defence teams.
The defence teams, however, have requested for an extension of the time limit to submit their “no case to answer” motion—in which they hope to counter the prosecution’s case framed by the 29 prosecution witnesses—until 14 days after it has filed its appeal brief against admission of hostile witnesses’ testimony.
“The prosecution does not oppose a limited extension of the time line for filing the “no case to answer” motions, at the discretion of the Chamber,” Bensouda told trial judges Chile Eboe-Osuji, Olga Herrera Carbuccia and Robert Fremr in a filing dated September 14.
The “no case to answer” will only succeed if the prosecution has put up a weak case against the accused. In such a scenario, Ruto and Sang will walk free immediately without presenting any evidence in their defence.
File responses
While allowing the extension of the time, the ICC prosecutor, however, asked the court to limit the time to 14 days. She argued that her team would be required to also file responses to the motion and the appeal by the two co-accused.
“The Prosecution does not oppose a limited extension of the time line for filing the “no case to answer” motions, in the discretion of the Chamber, provided the Prosecution is granted a similar indulgence,” she said.
The accused had also asked the Appeals Chamber for 21 more days to file their briefs.
Bensouda told the court that the prosecution was not opposed to the request but asked that the days be reduced to 14. “The Prosecution has not opposed the extension in principle, but submitted that a 14-day extension would suffice, provided a similar extension is granted to the Prosecution,” she said.
If the prayers are to be granted, Ruto and Sang appeal briefs will be submitted on October 5 and Bensouda will have to file responses by October 30, 2015.
The court permitted Ruto and Sang to appeal against a decision to allow the prosecution to rely on prior recorded testimony of five witnesses who have since recanted their written statements and transcripts of their interviews with prosecutors.
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