Kenya's Ocampo Four lay hurdle for cases

By Evelyn Kwamboka

The Ocampo Four case is now facing another hurdle after defence lawyers insisted that the trial date should be pegged on evidence and details to be provided by the prosecution at the disclosure stage.

A section of lawyers in the defence team said it would be difficult for them to propose to the Trial Chamber when the case should start and end before they knew what evidence the prosecution has in store.

This comes as the Trial Chamber judges are set to go through written submission by the defence, prosecution and victims’ legal representatives on the hearing date and disclosure of evidence.

The court sitting at The Hague had given the lawyers until May 28 to file their proposals on the two issues, ahead of the June 11 and June 12 preparatory phase meetings in Netherlands.

Those facing trial on crimes against humanity charges are Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, Head of Public Service Francis Mathura and radio presenter Joshua arap Sang.

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On Monday, The Standard was told that the defence had indicated to the court that no date can be proposed before the prosecution team discloses its evidence and the number of witnesses it will rely on at the trial.

“During the confirmation of charges hearing, the prosecution had a heap of redacted evidence. We do not know what evidence it is or how many witnesses the prosecution has lined up, hence making it difficult for us to propose when the hearing should start or end,” said one of the lawyers.

The defence team also needs to carry out its own investigations immediately the defence discloses its evidence including the redacted bits.

At the confirmation of charges hearing, the ICC Prosecutor Luis Moreno-Ocampo redacted some of the evidence and opted to use written witness statements instead of live witnesses.

Ocampo indicated he would reveal his witnesses’ identities at the trial set to start immediately the preparatory phase is over.

This was evident in his application filed before the Appeals chamber dismissed the accused person’s applications that were challenging the Pre-Trial Chamber’s verdict on the confirmation of charges.

It was also during the confirmation of charges hearing that the defence for Uhuru indicated to the Pre-Trial Chamber judges Ekaterina Trendafilova that it hired the services of an independent forensic lawyer, Mr Garry Summers.

Uhuru’s lawyer Gillan Higgins Summers was hired to investigate whether two prosecution witnesses were the same ones who had shifted camp from Uhuru’s side.