Just in Kenya : ICC's Bensouda drops three witnesses in Uhuru case
By Gadiola Emanuel - 7:26:00 AM
International Criminal Court Prosecutor Fatou Bensouda arrives at the
Serena Hotel, Nairobi October 25, 2012 for a news conference. Ms
Bensouda has withdrawn three witnesses she intended to rely on in
President Kenyatta's trial July 16, 2013. FILE
International Criminal Court prosecutor Fatou Bensouda has
withdrawn three witnesses she intended to rely on in President
Kenyatta's trial.
Ms Bensouda said witnesses 5 and 426 had withdrawn their testimony due to security concerns.
"In sum, it appears that Witness 5’s concerns for
his security have become too great for him to bear, and he has decided
to withdraw as a consequence." Ms Bensouda said in a notice to Trial
Chamber V judges dated Tuesday.
She said the prosecution had held discussions with
witness 426 with a view to changing his mind but the talks were
unsuccessful.
"The Prosecution has held discussions with Witness
426 to determine whether any measures could be taken to mitigate his
concerns and secure his attendance at trial. These talks were
unsuccessful and Witness 426
maintained that he was not willing to testify," Ms Bensouda said.
maintained that he was not willing to testify," Ms Bensouda said.
The prosecutor told the Chamber that 334's evidence was no longer necessary to prove her case.
"Upon further review, the Prosecution has assessed
that Witness 334’s evidence is no longer necessary to prove its case
and, in the interests of judicial economy, has decided to withdraw this
witness."
Ms Bensouda informed interested parties in the case that she would apply to replace the witnesses if "suitable replacements" are found.
"The Prosecution informs the Chamber, the Defence
and the Common Legal Representative for Victims of the changes to its
list of witnesses to be relied on at trial," the prosecutor said.
"The Prosecution hereby gives notice that it may
make applications pursuant to Regulation 35 of the Regulations of the
Court in the future if suitable replacements for these witnesses are
forthcoming."
President Kenyatta's trial is due to open on November 12.
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