NAIROBI, Kenya, Oct 31 – Conflict resolution expert David Matsanga now wants an independent panel created to investigate what he terms as witness procurement, coaching and bribery at the International Criminal Court (ICC).
In a letter to the President of the Court Judge Song Sang Hyun, Matsanga indicated that the panel should also investigate those who obtained witnesses on behalf of the prosecution during investigations on the Kenyan cases.
“My Lord the President, on 14th October 2013, I filed an Amicus Curie application which was admitted and duly registered by the registry of ICC, I travelled to The Hague to follow up that application as per my lawyers instructions. The application is asking the court to remove the word ex-parte Confidential so that the public in Kenya and the entire world can know the names of those who procured witnesses on behalf of ICC Chief Prosecutor in the Kenyan situation,” he said.
He further reiterated the need for the cases against President Uhuru Kenyatta and his deputy William Ruto to be halted since investigations by the prosecutor is questionable.
“The faking of evidence by the OTP, the committing of perjury continues unabated at the Trial Chamber (V) with fake evidence paraded as if things are normal. The office of the President of ICC court has decided to turn a blind eye to this train of nonsense that has inflicted damage on the families of both the suspects and victims in Kenya and causing the rejection of the good ICC court in Africa,” he stated.
He pointed out that the independent panel should be constituted as soon as possible so that the process may be cleaned up.
“There is need now and not later for the creation of an independent panel to look into serious allegations of witness procurement and fixing in Kenyan cases by OTP. There is an urgent need to halt the Kenyan cases so that the current train of fake evidence is thrown out before it leads to miscarriage of justice,” he said.
He indicated that the prosecution presented evidence which they knew was false hence jeopardising the credibility of the cases.
“This evidence was put under seal by you (Confidential annexes for disqualification of the Prosecutor pursuant to Article 42 (8) of the Rome Statute. My Lord President, in the same Amicus Curie application that is before you I have asked the court to publicly clear my name on all matters surrounding witness No. 4(OTP) James Maina Kabutu whom I exposed to the world as a liar who had recanted his evidence that was used to nail Uhuru Kenyatta and Muthaura,” he said.
He explained that the witnesses who gave false testimonies were procured by the ICC Prosecutor and therefore the entire evidence in Kenyan cases was corrupted at the investigation stages. Such evidence is therefore not admissible before any credible court of the status in the world of today
“It is a very unique coincidence that you are the same final judge as far as the ICC public matters are concerned. It must be remembered in international justice that I challenged the flawed investigations into the Kenyan cases. The application in your appeal chamber speaks volumes in regards with evidence that has been tabled before the Trial Chamber today.”