Ruto demands oral hearing in admissibility case

By Evelyn Kwamboka

Eldoret North MP William Ruto claims only an oral hearing would accord him a fair trial before the International Criminal Court (ICC).

This, he said, is because it would allow him and the other post-election violence suspects to question witnesses called by the Government.

Ruto said this in his response filed on his behalf and that of radio presenter Joshua Sang by his advocate Katwa Kigen.

The response is pursuant to an application that was filed by the Government on May 18, in which it requested the Chamber to convene an oral hearing prior to its determination of its admissibility challenge case.

The main witnesses in the Government’s case are Police Commissioner Mathew Iteere and Ms Alice Ondieki of the Witness Protection Agency.

It is Ruto’s case that documentary evidence has less weight than oral evidence adduced under oath.

He asked the ICC’s Pre-Trial Chamber II to allow the Government’s application.

"Given the fact that the Government has conceded that it bears the burden of proof, it should be accorded a fair procedural opportunity to meet this burden by adducing all relevant evidence, including live testimony," he said.

Kigen pointed out that the possible transfer of the case to Kenya could impact on the rights of all the six suspects to a fair and impartial trial.

Local institutions

If the application on oral hearing is allowed, he said, it would ensure that the defence assesses the ability of local institutions to accord the suspects a fair and impartial trial.

The Government said written pleadings provide a necessary foundation for the consideration of legal issues, but must be expanded upon in oral argument.

Through its advocates, Sir Geoffrey Nice and Rodney Dixon, the Government told the ICC judges that Prosecutor Luis Moreno-Ocampo should not be permitted to make "generalised and unsupported allegations (sourced only with newspaper clippings and internet blogs)."

Nice stated that the strengths and weaknesses of legal arguments are revealed and best judged through oral arguments.

"The Government reiterates its request to have the opportunity to explain its position in an oral hearing on such important matters of national and sovereign interest," the application read.