Ruto’s ICC defence team delays decision on witnesses

Deputy President William Ruto and his co-accused Joshua arap Sang yesterday deferred a decision on whether they will call defence witnesses if the case proceeds.

Counsels Katwa Kigen for Sang and Karim Khan for Ruto told Presiding Judge Chile Eboe-Osuji that they will only make the decision once a ruling on their no-case-to-answer motion is determined. The judge had earlier on advised them to think about whether it was necessary for them to call witnesses in light of their submissions that the standard of proof of the prosecution evidence in the motion be weighed on the basis of “beyond reasonable doubt.”

“I have consulted my client and he would rather await the final ruling on this matter. Mr Sang also wishes to inform you that his application on this matter was made in good faith and that he was not on a fishing expedition,” Kigen told the judge.

Khan described the judge’s question on whether they would call witnesses as “incredibly difficult”. Further, Khan said, such a question could distract the defence and wondered why it was made in the first place. “I am afraid we cannot make such an election on whether we will call witnesses or not,” he said.

Judge Osuji asked him to simply state his answer to which he adopted Kigen’s arguments.

On Monday, Osuji had asked them whether they were prepared “to elect to stand upon their submissions and call no forth evidence in the case, notwithstanding that the chamber may not sustain their no-case-to-answer submissions.”

According to the judge, there may be little forensic value in calling extra or any evidence if they have made well founded arguments. Kigen later told The Standard on Saturday he did not foresee any adverse implication from his decision to defer the matter. He said his team believes the prosecution evidence taken at both its highest and lowest cannot lead a reasonable chamber to convict his client.