, NAIROBI, Kenya, Nov 4 – The sixth ICC witness against Deputy President William Ruto and his co-accused Joshua arap Sang has disowned a video clip that the prosecution used as its evidence saying it was ‘out of place’.
Witness P0268 used terms such as ‘disfigured’, ‘not audible’, ‘very blurred’ and ‘different completely’ to describe the video showed to him by the prosecution in July of a rally that Ruto attended and where he allegedly used the words madoadoa and kwekwe on December 5, 2007.
The witness, who was being questioned by International Criminal Court Trial Chamber V(a) Presiding Judge Chile Eboe-Osuji on Monday morning, said that the prosecution’s video was not as good as a similar one that was played by the defence last week.
“And it showed some images that were dark,” revealed the witness.
“But from what you could make out would you be able to still make some comparison?” asked Judge Eboe-Osuji.
“The one that OTP (Office of the Prosecutor) provided I can say it was out of place completely,” responded the witness.
The witness had also revealed that the video clip played by the defence was similar to one that he provided to the prosecution except that what the OTP showed him was distorted.
Judge Eboe-Osuji was forced to call for a private session with the witness sticking to his narration that the prosecution video was ‘different’.
“What OTP provided for me was very blurred,” said the witness.
“Too blurred for you to be able to say that what you saw on Friday is a better version of what OTP showed you?” asked the judge.
“Not only a better version; what OTP provided I thought maybe it was different completely,” revealed the witness.
“Different completely?” pushed the judge.
“Exactly,” said the witness.
“So it did not show the same events? Is that what you are saying?” asked the judge.
“Yes, Your Honour,” answered the witness.
“Can we go in to private session,” directed the judge.
It is not clear what transpired behind the closed doors.
Ruto’s counsel David Hooper spent the better part of last Friday playing the video clip, which it emerged had been obtained from the OTP.
During that day’s session, the prosecution attempted to block the defence from playing the entire clip but this attempt was turned down.
Hooper revealed to the court that the defence got that video from the OTP exhibits and did not understand why the OTP did not produce it in court as it largely exonerates the DP and shows that some of the derogatory statements he allegedly made were taken out of context.
“Prosecution did you play this video?” asked Judge Eboe-Osuji.
“No I did not play any part of this video,” responded prosecution attorney Lucio Garcia.
“Which is a matter of grave concern to us as the defence,” argued Hooper.