, NAIROBI, Kenya, Jan 22 – Former KASS FM broadcaster Joshua arap Sang spent a better part of his defence on Wednesday trying to discount the testimony given by the ninth witness at the International Criminal Court.
Through his lead lawyer Katwa Kigen, Sang put up a spirited fight attempting to tear down the damning statements made by the witness on Tuesday.
Kigen took the witness through numerous audio recordings and transcripts but the witness stuck to his guns saying the audio given did not necessarily show that Sang did not make any of the statements he is accused of.
The witness also maintained that the Office of the Prosecutor did not feed him with any of the terms that he accused Sang of making.
He explained that he actually had Sang utter the words and that at the time he understood them to mean derogatory things.
“Was it you who suggested the idea that Sang used the word ‘weeds’ or was it given to you by the Prosecution?” asked Kigen.
“It was I who gave the Prosecution when I first met them,” said the witness.
Witness P0356 had on Tuesday told the court how Sang insulted callers who were not pro the Orange Democratic Movement in addition to discrediting politicians on the opposing teams.
The witness also accused Sang of using derogatory terms in reference of the Kikuyu community on his Lene Emet show.
According to the witness, Sang also said that he only hosted Party of National Unity politicians on his show because they had paid for it and that they were ‘cows to be milked’.
However some of the recordings provided to the court and taken in as evidence showed that some of the derogatory words mentioned by the witness had a different meaning from what he had provided.
“Do you recall now that the reference of the term ‘kapchelit’ was used to refer to the Kamba community?” asked Kigen.
“This is my first time to learn that it was used in reference to the Kamba because I knew it meant the Kikuyu,” said the witness.
The context under which Sang used the word ‘cow’ on his show was also questioned.
Kigen brought in audio recordings to show that what Sang said in reference to cow during the show was that ‘KASS FM was like a cow that had to be fed’ and not that pro-PNU politicians were cows to be milked.
“Sang used the word cow in many occasions and the one you gave is not the one I was referring to,” maintained the witness.
Trial lawyer Lucio Garcia also had a problem with the court admitting Kigen’s evidence saying that it was not wholesome proof that Sang did not utter those statements.
“There is no evidence on the record for the Chamber to determine that the audio recording we have heard was actually broadcast at the time indicated in the document and that is the danger,” he argued.
Trial Chamber V(a) Presiding Judge Chile Eboe-Osuji however ruled that the recordings would be admitted as evidence.
The Prosecution teams also raised concerns with the logistical problems that they would face with expert witness P0464, who is reported to be a lecturer and who cannot just leave his classes to attend court sessions.