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Will Ruto, Sang bid to end ICC case in March succeed?

They told the defence teams that they believed the accused persons had a case to answer after reviewing the evidence presented by the prosecution during the trial period hence they proceeded with a defence case.

READ https://iwpr.net/global-voices/hadzic-seeks-acquittal-defence-case

On June 3, 2014 Trial Chamber V (a) which is hearing the trial against Ruto and Sang allowed the defence teams to file the motion orally on the last day of the prosecution’s case following their application requesting for the procedure to be considered.

READ: ICC allows Ruto file ‘no case to answer’ motion

Under the principles and procedure on no-case-to-answer motion, the judges limited the defence teams to make written applications within 14 days after the oral application.

They also restricted the application to 40 pages.

The defence teams in October last year asked the judges to extend the application time for written submissions to 30 days and also allow them to make up to 100 pages application of the motion of no-case-to-answer instead of the 40 page limit.

Once Ruto and Sang make the formal application, the judges will review the evidence of the prosecution and determine the credibility and strength of the prosecution’s evidence.

If they are convinced that the prosecution presented believable and strong evidence to support charges against Ruto and Sang, they will rule that the accused persons have a case to answer.

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“In a no-case-to-answer process, the judges will look at the evidence presented to the Trial Chamber and will take it at its highest, meaning will assume for purposes of the motion that all the prosecution witnesses and evidence will be found to be credible,” Whiting explained.

This means that defence teams will make their case by presenting their evidential argument using witnesses and other materials to prove the innocence of their clients.

“Looking at the evidence in this way, the judges will assess whether there is sufficient evidence for a conviction. If yes, then the trial continues and the defence has an opportunity to present its evidence,” Whiting told Capital FM News.

The judges can halt the trial after the prosecution closes its case if they decide that the accused persons have no case to answer.

“If no, then the trial ends. The theory is that if the prosecution’s evidence is evaluated at its highest and there is not enough for a conviction, then there is no reason to continue the trial,” Whiting said.

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