Muthaura wants confirmation charges postponed

By Evelyn Kwamboka

Head of Public Service Francis Muthaura wants the confirmation of charges hearing against him adjourned for eight weeks.

He also wants the Pre-Trial Chamber to order that the disclosure that was due to be submitted to the Chamber on Monday be held by the International Criminal Court’s registry, and not communicated to the court’s prosecutor Luis Moreno-Ocampo, until judges handling the case make their decision on the adjournment issue.

ICC suspect Francis Muthaura wants the confirmation of charges hearing against him adjourned for eight weeks. Photo: File/standard

The application was filed after his co-suspects-Finance minister Uhuru Kenyatta and Postmaster General asked for a three-month adjournment.

Both the defence teams are complaining about insufficient time to review the evidence of four prosecution confidential witnesses and insist they need time to prepare for the hearing.

Ocampo has opposed the move on grounds that Muthaura’s defence team led by Mr Karim Khan and other three experienced lawyers "cannot reasonably argue that they require at least eight additional weeks for the team to diligently review 102 pages" comprising four witness statements.

"The prosecution submits that in view of the limited scope of a confirmation hearing and the number and expected professionalism of the counsel appearing before the court, one week is sufficient time," he states.

The defence filed the application on adjournment on Friday, saying the prosecution failed to comply with Lady Justice Ekaterina Trendafilova’s disclosure of evidence calendar.

It is alleged the prosecution added new material in its document containing charges on August 19.

Ocampo now claims Muthaura’s defence wants to turn the confirmation of charges hearing into a mini-trial.

"The purpose of a hearing for the confirmation of charges is limited to committing to trial only those persons against whom sufficiently compelling charges going beyond mere theory or suspicion have been brought," he says.

Ocampo says the confirmation hearing is "not the forum for the defence to offer conflicting or contradictory evidence, alibi evidence, or affirmative defences."

Those matters, he said, are weighed at the trial itself.

Ocampo points out in his response that although Muthaura’s lawyers have been in possession of the last tranche of disclosed evidence since August 19, they have waited until the last "possible moment" to file the adjournment requests.

He says allegations contained in one of the prosecution witness’s statement have long been known to the defence.

The allegations contained in that statement were also included in all the redacted versions of the application that was used to obtain summons against the Head of Civil Service.

"The Muthaura defence allegation that the prosecution failed to comply with the single judge’s disclosure calendar is blatantly untrue. Nor is there merit to the complaints about the late disclosure or claims about substantial new allegations in the disclosure and DCC," he states.

An amended document containing charges filed by the prosecutor recently provided more specific details on outlined allegations on evidence that has since been disclosed to the defence by the prosecutor. The allegations touch on the location and date of two meetings.

Confrimation charges against Eldoret North William Ruto, his Tindiret counterparty Henry Kosgey and Kass FM radio presenter Joshua arap Sang are going on at The Hague.