NAIROBI, Kenya, Sep 9 – The prosecution wants the case against journalist Joshua arap Sang re-characterised to include individual criminal responsibility of the crimes committed during the 2007-8 Post Election Violence.
The prosecution has requested the trial chamber to notify Sang that there was possibility of ‘re-characterisation of the mode of the liability of his case’.
“The prosecution requests that the chamber give notice to the parties and participants pursuant to the regulation 55(2) of the court of the possibility that the legal characterisation of the individual criminal responsibility for all counts in the UDCC may be subject to change to include liability under articles 25 (3) (b) or (c) of the statute, and that such notice be given prior to the filing of any ‘no case to-answer’ submissions,” the prosecution requested.
The application is meant to tighten Sang’s charges to allege that he induced or aided commission of the crimes.
According to the Document Containing Charges (DCC) and also according to the pre-trial brief, Sang’s case was that he ‘contributed’ to the crimes committed by a group of persons in a network that had a joint common plan.
The prosecutor argued that though the case was at an advanced stage, re-characterisation of a case is allowed during trial but as long as the chamber notified the parties of its intention at trial stage.
“The participants must be given an opportunity to make submissions at an appropriate stage of the proceedings, following notice of a possible re-characterisation, but this does not limit the Trial Chamber’s power to give such notice any time of trial,’ the prosecution argued.
The prosecution argues that it has evidence to show that Sang was aware that the crimes would be committed and that he had a role in it.
It alleged that Sang fanned violence using hate messages intended to dispel Kikuyus from Rift Valley as well as broadcasting propaganda against supporters of the Party of National Unity during the 2007 General Election.
Sang allegedly also made announcements of preparatory meetings and locations where planning events of the attacks would take place.
He is further accused of organising meetings which are said to have been used to raise funds to facilitate the attacks.
Sang who was at the time a presenter at Kass FM radio is said to have informed direct perpetrators to begin attacks after the announcement of the 2007 presidential results.
The journalist also faces charges for seeking updates on the progress of the attacks from perpetrators and also giving them space to speak on his radio show as attacks were being committed.
“There is evidence on record upon which the chamber could hold Mr Sang criminally liable for having induced and or solicited the commission of crimes against humanity,” the prosecutor maintained.