ICC witness targeted Kosgey then Ruto – lawyer

February 27, 2014 4:13 pm
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During cross-examination, Khan displayed to the witness his victim application form and a statement bearing his signature to demonstrate that he was inspired to give evidence to receive financial benefits/FILE
During cross-examination, Khan displayed to the witness his victim application form and a statement bearing his signature to demonstrate that he was inspired to give evidence to receive financial benefits/FILE
NAIROBI, Kenya, Feb 27 – William Ruto’s lawyer Karim Khan has accused the 12th prosecution witness in the case at the International Criminal Court of varying his evidence to ‘fix’ the Deputy President in exchange for financial support from the court.

During cross-examination, Khan displayed to the witness his victim application form and a statement bearing his signature to demonstrate that he was inspired to give evidence to receive financial benefits.

“When you signed this form, you stated that if Ruto, Henry Kosgey and Joshua arap Sang were convicted, you would want something to be done. After ticking the box that you want reparation, you said what you wanted is finances? You said you wanted the benefit to go to you. You didn’t tick that benefits should go to your family, you were very clear that benefits should go to you,” Khan posed to the witness who however said it was not the case.

The witness told the court that when he applied to be a victim, he was not informed if he would benefit if Ruto, Sang and Kosgey were convicted.

Khan asked, “You heard there was a possibility of getting money. You wanted money as a result of your evidence. Were you told if Ruto is convicted you would stand to receive reparation?”

Earlier, Khan tasked the witness to explain why he had not recorded any statements with the Kenya National Commission on Human Rights or the Waki Commission which was investigating the 2007/8 post election violence.

Using the witness past documents approved by the prosecution and the Victims and Witnesses Unit (WVU), Khan demonstrated to the court that when the witness applied to be a victim, he had not implicated Ruto but only Henry Kosgey.

“When you were asked who do you believe was responsible for the events that took place you said Henry Kosgey, didn’t you?

The witness said; “I don’t remember being asked that question.”

Khan told the witness: “The judges, WVU and prosecution have the form, it was not created by us. You said you believe Kosgey to be responsible. Do you remember saying that?

Witness: “I don’t remember if I said that.”

Khan: “You explained that in a rally you heard him (Kosgey) say pluck out non-residents. Do you remember saying that?”

Witness: “Yes I said that.”

Khan: “The point is that you make no mention at all of Mr William Ruto.”

According to Khan, the witness identified as P-0409 mentioned Ruto’s name after charges against Kosgey were dropped during the confirmation of charges hearings held in September 2011.

“Are you aware that the name Ruto does not appear anywhere in your application form.

Witness: “I can’t know.”

The witness said he could not recall the contents of his statement as read by Khan: “I would like to make a request to the court. I don’t believe it is the one because the one I filled is a form and I did not fill that form, someone was writing for me, I cannot confirm if it is the one or it is not.”

The witness identified the same statement read to him by Khan after presiding Judge Chile Eboe-Osuji interjected and asked him to observe if it resembled the one showed to him when he met the prosecution end of 2012.

“I remember it now,” the witness confirmed to the court.

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