Amb Francis Muthaura during ICC proceedings on Sept 21/ File
His lawyer Karim Khan also wants the court to announce that Ocampo misinterpreted the evidence presented in court during the interview after the confirmation charges hearings.
“In the alternative, the defence requests the chamber to render a public decision confirming that the Prosecutor has misstated the evidence presented at the hearing on the single issue raised,” he asserts.
The lawyer has also asked the court to inform Ocampo to be careful in his statements to the press which he says may interfere with the judicial proceedings at the court.
“The court should remind the prosecutor to be ever vigilant in his interactions with the press and to be scrupulously fair and accurate in his public statements on cases before the court.”
He is accusing Ocampo of failing to respect judicial injunctions and warnings given by the court.
“The record of the prosecutor’s interview with Jeff Koinange (K24) reveals that the Prosecutor has shown insufficient regard to the various judicial injunctions and admonitions that have been rendered by the court in response to extra-judicial statements made by him in some cases before the court.”
Khan further says Ocampo’s utterances during the interview attempted to twist the defence evidence.
“During this interview the prosecutor made statements which were manifestly false or otherwise wholly inaccurate thus prejudicing the integrity of the court, its proceedings and prejudicing Ambassador Muthaura,” he indicates in his application to the court.
During the interview with Koinange, Ocampo said he was sure the charges he has against the six Kenyan suspects would be confirmed.
He said he had enough and convincing evidence to hold his cases.
Previously Judge Ekaterina Trendafilova has warned parties to the cases before the court to refrain from careless utterances.
Muthaura, alongside Deputy Prime Minister Uhuru Kenyatta and ex-Police Commissioner Mohammed Hussein Ali are accused of perpetrating the 2008 post election violence by fuelling attacks on supporters of the Orange Democratic Movement in Nakuru and Naivasha.
On the other hand, MPs William Ruto, Henry Kosgey and breakfast radio host Joshua arap Sang are accused of masterminding attacks against supporters of the Party of National Unity in the Rift Valley.
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