Bensouda closes Ruto-Sang case, opens stage for defence

September 10, 2015 5:17 pm
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This paves way for the defence teams to start presenting their rebuttal against the allegations made by the prosecution/FILE
This paves way for the defence teams to start presenting their rebuttal against the allegations made by the prosecution/FILE
NAIROBI, Kenya, Sep 10 – The International Criminal Court (ICC) Prosecution has finally closed its case against Deputy President William Ruto and journalist Joshua arap Sang.

This paves way for the defence teams to start presenting their rebuttal against the allegations made by the prosecution.

The defence teams of Ruto and Sang are from this stage expected to orally request for a motion of a no-case-to-answer before making written applications after closure of the prosecution’s case.

“In compliance with the Trial Chamber’s order ICC-01/09-01/11-1948-Conf, the prosecution hereby notifies the Trial Chamber, parties and participants that it formally closes the prosecution’s case,” ICC Prosecutor Fatou Bensouda stated on her application to the court on Thursday.

The defence lawyers had requested to be given 30 days instead of 14 to make the application for no-case-to answer.

They also requested the judges to increase the number of pages of the written application of the no-case-to-answer from 40 to 100 pages.

A motion of no-case-to-answer is applied, argued and ruled upon charge by charge.

Ruto and Sang are each facing three counts of murder, forcible transfer of populations and persecution.

If the motion of no-case-to-answer is fully accepted by the judges of the Trial Chamber V (a), the case against Ruto and Sang will come to a close where the judges will issue their ruling based on the prosecutor’s case.

However, if the motion is partially or fully rejected (for all the three counts), the trial will proceed to the next stage where the defence will make its case.

They will present their evidence to counter allegations made including calling witnesses to testify.

In an interview with Capital FM News, Harvard University law Professor Alex Whiting said there is no time that judges ruled that the accused persons had no-case-to-answer and wholly accepted the motion of no-case-to-answer.

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

Ruto and Sang were allowed to file the motion on June 3, 2014.

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

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