ICC prosecutors drop hostile witness in Paul Gicheru case

Deputy prosecutor James Stewart yesterday informed the trial Chamber that they wanted to obtain crucial documents to corroborate the evidence he had provided concerning payments made to him by Mr Gicheru.

The payments were meant to coerce him to drop his evidence against Deputy President William Ruto and radio journalist Joshua Sang.

The pair faced five counts of crimes against humanity for their alleged role in the violence that erupted after the disputed December 2007 presidential election, but the case collapsed due to witness interference.

Prosecutors also wanted to obtain updated information regarding the witness’ current circumstances.

Recorded testimony

But the efforts were unsuccessful, although prosecutors continued pushing and the two sides agreed to meet on particular dates.

“However, despite the prosecution having made all the necessary arrangements for such a meeting, P-0604 failed to arrive at the agreed location and has not responded to several prosecution attempts to contact him since,” Mr Stewart said.

Prosecutors have concluded that the man is not genuinely willing to cooperate and they have consequently decided not add him to their list of witnesses.

Before dropping him, they had considered the possibility of requesting a summons for the witness but they dropped the idea.

“(In) light of his repeated failure to provide the documents relevant to corroborate his evidence, the fact that the latter is not central to the charges, and the lack of updated information concerning his current situation, the prosecution has concluded that resorting to this option is not justified,” Mr Stewart explained.

He also said prosecutors will not seek to rely on the prior recorded testimony of the witness.

P-0604 was one of the people used by unidentified actors to persuade key prosecution witnesses to withdraw from the Ruto-Sang case.

[email protected]