Karim who echoed remarks by prosecution – that anyone intimidating witnesses – accused the prosecution of ‘hiding behind smokescreen of intimidated witnesses’.
In recognition that crimes that the three Kenyans are accused of actually took place he indicated that the court will know that the accused persons are not liable; “at the end of the process, we will not know who is responsible, but we will know who is not responsible.”
He asked parties in the case to tell the truth and also said it was not in the interest of the defence that witnesses withdraw.
“We do not want witnesses to withdraw. We want witnesses to come here and tell the truth. We want prosecution and defence to do its job. Witnesses should be able to come before the court without fear. Everyone should be on notice that whether witness lies for defence or prosecution, it is a most serious offence. No one should sell their soul for lies,” he said.
He also indicated that the defence team of Ruto and Kenyatta will make an application seeking to have their trial sessions alternated.
In his support to Karim’s position that the prosecution had severally disfranchised the defence, Snag’s lawyer Katwa Kigen said the court he did not get the cooperation expected from the court.
He however claimed the innocence of his client; “We do not contest that there was violence in Kenya, but the prosecutor has brought innocent people to this case.”
Victims Legal Representative Wilfred Nderitu said he was looking forward to the speedy progression of the cases to ensure victims get the justice they have been looking up to.
“We are talking of 1,133 people dead. These are 5,500 plus family members directly affected.
“Since 2007, it’s close to six years and victims are still waiting for justice. It has been a long road those who suffered are still waiting for justice,” Nderitu said as he claimed that the number of those who died is higher than the official figures used.
Kenya’s Ambassador to Netherlands Rose Makena who attended the press briefing questioned the court for not abandoning the cases against the three Kenyans yet in her view they would affect the country.
“Why is the ICC so determined to proceed with the cases, no matter how damaging it is to Kenya?” she queried.
The Court maintained that its interest was in pursuit of justice and that the cases are against individuals and not any groups in Kenya.
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