Did contempt motivate latest ICC ruling?

Last month, the majority bench in the trial of Deputy President William Ruto granted the prosecution's application to admit out-of-court statements of recanting and missing witnesses as prior recorded testimony under an amended rule 68 of the rules of evidence and procedure.

The previous rule 68 required that for prior recorded testimony to be introduced in lieu of oral evidence, both the Prosecutor and Defence should have had an opportunity to cross-examine or question the maker. In the alternative, the prosecution had sought admission under a general provision of the law allowing the court to take in any evidence in the interest of justice, Article 69(2) and 69 (4).