The International Criminal Court (ICC) has allowed prosecutors to transfer some of the evidence in the collapsed case against Deputy President William Ruto and journalist Joshua Sang to lawyer Paul Gicheru’s case record.
The new and additional evidence is from the testimony of a witness in the Ruto-Sang case.
In a decision that is a major boost to prosecutors and a big blow to Mr Gicheru, the court said there is a link between the evidence in the Ruto and Gicheru cases.
“The Chamber takes note of the submissions of the Prosecution and the factual information concerning the connection of the witness with the current proceedings,” said Trial Chamber III Judge Miatta Maria Samba.
She ordered the registry to transfer the relevant transcripts and other items used when the witness was questioned into the record of Mr Gicheru’s case.
In a request filed on January 5, 2021, prosecutors sought that transcripts of testimony from several witnesses in the Ruto and Sang case be transferred to the record of Mr Gicheru’s proceedings.
Prosecutors explained that they considered the information as material for Mr Gicheru’s defence and was therefore subject to disclosure.
But the court rejected part of the motion and, after ordering that additional redactions be applied to the transcripts, granted the remainder of the original request.
On July 14, prosecutors filed another request, explaining that while the witness was mentioned in the original request, no transcripts relating to his testimony were included, because of an ongoing updated security assessment.
Prosecutors informed the Chamber that all security matters had been resolved and the factual allegations with regard to the witness are closely related to the current proceedings.
In her ruling yesterday, Judge Samba noted that measures had been taken to protect the identity of the witness from the public at large.
But she directed prosecutors to inform the defence on the nature of the protective measures for the witness ahead of the first status conference.
Meanwhile, Mr Gicheru has asked the court to delay the pretrial conference scheduled for September 17. He wants the status conference pushed to September 24.
His defence counsel, Michael Karnavas, said there was a scheduling conflict.
He noted that prosecutors had also said they did not oppose the one-week delay for the first status conference.
