, NAIROBI, Kenya, Jul 21 – International Criminal Court Prosecutor Fatou Bensouda’s case against Deputy President William Ruto suffered a blow after the judges refused to admit into evidence a document which she claimed demonstrated his “criminal culpability.”
The document, she said, showed that the post-poll violence of 2008 was planned by “an organised network” of which Ruto was a part.
“The prosecution submits that the item is relevant to the charges, and particularly to the criminal responsibility of Mr Ruto and the organised character of the network,” the judges recounted in their ruling.
They however declined to admit the document into evidence for the reason that its origins could not be authenticated and it would therefore be prejudicial to the Deputy President.
“There is no information as to the provenance of the information set down in the report by the author of the report, namely whether the [REDACTED] was able to corroborate the evidence provided by these anonymous sources of information.”
Ruto’s defence had opposed admission of the document into evidence for the very same reasons.
“In the opinion of the Ruto defence the document was created as part of a scheme to falsely accuse Mr Ruto of planning and funding the post-election violence,” the judges captured in their decision.
They did however admit five other, “non-contested,” documents that include a map into evidence.
The judges are yet to render their decision as to whether or not they will admit into evidence the, “prior recorded statements,” of six of her hostile witnesses.
She’s argued that the witnesses are crucial to her making her case against Deputy President Ruto.
Her application however relies on an amendment to Rule 68 of the ICC’s Rules of Evidence and Procedure which Ruto’s defence and African Union have argued should not be use, “retrospectively” in Ruto and Sang’s case.