Read the ICC proceedings below: Skip to main content Thursday, Oct 09th 2014 Follow us RSSTwitterFacebook Search form Home National Local Business Opinions Sports Lifestyle Society Word Is Weekend Public Ed You are here:Home » Uhuru Kenyattas day at the ICC: Read lawyers arguments so far Uhuru Kenyattas day at the ICC: Read lawyers arguments so far Wednesday, October 8, 2014 - 00:00 -- BY STAR REPORTER Uhuru Muigai Kenyatta at the ICC Status Conference on October 8, 2014 Photo/ICC Uhuru Muigai Kenyatta at the ICC Status Conference on October 8, 2014 Photo/ICC Kenyas President Uhuru Kenyatta (2nd R) speaks to a member of his defence team as he appears before the International Criminal Court in The Hague October 8, 2014. Photo/REUTERS Kenyas President Uhuru Kenyatta (2nd R) speaks to a member of his defence team as he appears before the International Criminal Court in The Hague October 8, 2014. Photo/REUTERS Judge Ozaki outlines the order of business for the Kenyatta status conference; Uhuru to be given opportunity to address court is he wishes. Judge Ozaki says Prosecution asked for indefinite adjournment. Defence asks for case to be dropped. This is why Kenyatta was asked to appear. Kenyattas ICC lawyer states he will answer questions on clients behalf. Indicates Kenyatta will not make a statement today. Judge Ozaki indicates that Kenyatta is present as an accused person, told he is not under oath Judge Ozaki asks Prosecution to explain why it has asked for an indefinite adjournment in Kenyatta #ICC case. Prosecution: There has been failure on behalf of the government of Kenya to comply with its duties. Prosecution wants ICC judges to sanction this failure. Judge Ozaki asks Prosecution what the period of adjournment should be. #ICC Prosecution: I could imagine a number of dates. Prosecution: Only realistic date is when Government of Kenya meets its obligations asks judges to adjourn case until Kenya cooperates Prosecution wants court to decide Whether there has been obstruction Prosecution: There has been failure on behalf of the government of Kenya to comply with its duties. Prosecution points out Government of Kenya was already given six months to comply with requests and failed to do so. Prosecution: Only realistic date is when Government of Kenya meets its obligations asks judges to adjourn case until Kenya cooperates Prosecution: Grant of an adjournment is, uncontroversially, within the chambers power. Prosecution: There is no evidence of action or inaction on Kenyattas personal influence on non-cooperation. Prosecution on Uhuru influencing investigation: We make no allegation, we have no evidence on the basis of which we could properly do so. Prosecution tells judges current evidence is not enough to take Kenyatta to trial. Prosecution on Kenya not cooperating on Uhuru financial records: basic building blocks of the case have been impeded by a third party Prosecution: We know that there is evidence in existence. Not sure what that evidence will show. It may exonerate. Judge asks why Prosecution could not bring charges at later date if case is dropped at present. Prosecution argues most reasonable decision that better fit the circumstances of this case is adjournment. Prosecution: Hopefully Kenya will come to their senses on cooperation but Prosecution cannot predict when or how. Prosecution: If this court judges Kenya in breach of its duties, it will be up to Assembly of States Parties to come up with sanction Victims Lawyer: Accused is without a doubt the most powerful man in Kenya. Points to AG saying records could be available in 72 hrs Victims Lawyer: Indefinite adjournment is not adjournment forever. It is adjournment until a specific step is taken. Victims Lawyer on indefinite adjournment: In this case, in my understanding, the conditions can change at any moment. Victims Lawyer: Securing compliance with the international obligations of Kenya is the responsibility of the President of Kenya Victims Lawyer argues Kenyattas inability to secure Government of Kenya cooperation amounts to accused waiving right to speedy trial Victims Lawyer: To allow the case to be withdrawn completely, I frankly think that will be the end of justice for the victims. Kenyatta Defence argues that obstruction claims against Kenya are not what they seem. Problem is not obstruction but nature of requests Defence: His position as Head of State is only relevant if there are any allegations of wrongdoing. This is not the case. Judge Ozaki asks Kenyatta Defence about previous submissions on the abuse of process Judge Ozaki asks Kenyatta Defence, #ICC Prosecution and #ICC Victims Lawyers on difference between termination of case and permanent stay Victims Lawyer points to difference between case being dropped with prejudice and without prejudice. Judge Ozaki asks Prosecution on difference between conditional stay of proceedings and indefinite adjournment. Prosecution: It depends on what the conditions may be. For example, cooperation from the Government of Kenya. Kenyatta Defence: Would be an affront to common sense to say you are not entitled to your acquittal before 1st day of trial Kenyatta Defence argues verdict of not guilty could happen before first day of trial. Kenyatta Defence: Saying technical rules prevent not guilty ruling not in the interest of justice. Kenyatta Defence: Judges have clear oversight of prosecutorial functions. You have admission of inadequacy of evidence in this case. Kenyatta Defence: This case has failed. There is no prospect for this case to go further. So you terminate the case. Kenyatta Defence: The case was brought after an investigation and evidence produced which came from national sources. Kenyatta Defence: I see an injustice if court cannot return a verdict that for all intents and purposes would have been there. Judge Ozaki asks each side of Kenyatta trial to now summarise their submissions to the judges as the morning session is set to conclude. Judges decide to take a break and resume in 30 minutes to complete the Kenyatta status conference. 1186 222 33 googleplus Tweets by @TheStarKenya About The Star Contact Staff Advertising Rates Classifieds Website Comment Policy Mobile Version ShareThis Copy and Paste - See more at: the-star.co.ke/news/article-193121/uhuru-kenyattas-day-icc-read-lawyers-arguments-so-far#sthash.c9EdQhey.dpuf
Posted on: Thu, 09 Oct 2014 09:10:11 +0000
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