The ICC is now preparing for the closure of the prosecution’s case against Deputy President William Ruto and journalist Joshua Sang. The Trial Chamber V (a) has now explained that the two will be allowed to apply for their acquittal as soon as the prosecution calls and winds up with their last witness.
The trial judges accepted submissions by the prosecution and the defence that the accused should be allowed to make submissions on a no-case to answer, as soon as the prosecution closes their case. Submissions on a no-case to answer in criminal proceedings are made by an accused asking the court to acquit him without putting him on his defence. The principle behind it is that if the prosecution has not adduced enough evidence worth convicting an accused person after calling all the witnesses, the accused should not be asked to defend himself but should be acquitted forthwith. It’s based on the right of the accused to be presumed innocent till proven guilty. If the court rules that one has no case top answer, it acquits him without further proceedings. But if it determines that one has a case to answer, then the accused is asked to call his witnesses. Last year, the Chamber asked all the parties in the Ruto and Sang case to file submissions on whether similar procedure should be followed as it’s not expressly provided for in the Rome Statute and the ICC Rules. The same was not provided at the confirmation stage. The parties filed the submissions on July 3, 2013. They argued that it would promote trial efficiency and secure the rights of the accused. Ruto argued that the Chamber should hear him on why he should not be put on his defence. He had argued that the submissions should be made at the close of the prosecution case or at any point thereafter and the issue could even be raised by the Chamber on its own.
According to Harvard,University Law Professor, Alex Whiting, the possibility of halting the trial after the Prosecution concludes its case is minimal, but in Ruto’s case, all things are possible because many witnesses have admitted lying to the court.
Whiting said the damning revelations by some witnesses that they lied in the case may put the Prosecution side in jeopardy and Judges may rule in favor of Ruto.
“Ruto may be free before the end of April because if the case continues, the credibility of Bensouda’s evidence may be put into question and also the credibility of the Judges”, Whiting argued.
This comes as a bad news for Ruto haters who anticipated for Ruto to be prosecuted!
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