Kenya: Don’t contact witnesses, ICC warns Uhuru

By DAVE OPIYO .

The defence teams of President Kenyatta and his deputy William Ruto will not have contact with their witnesses 24 hours before they take the stand at The Hague.

The directive, issued by the judges of the Trial Chamber V, also applies to chief Prosecutor Fatou Bensouda and the lawyers of radio journalist Joshua arap Sang.

However, the judges said the parties can have “non substantive” contact with their witnesses within the 24 hours period.

“The Chamber is of the view that non-substantive contact between the calling party and the witness in the 24 hours preceding the witness’ testimony, while not prohibited, should be appropriate in the circumstances and guided by due regard to professional responsibility,” said the Judges on Monday.

“Further, from the time the witness begins to testify until the end of the witness’ testimony, the calling party’s contact with the witness is restricted to its examination in court, unless otherwise authorised by the Chamber.”

Last year, Ms Bensouda had requested the court to allow more time for her and the accused to talk to witnesses in the two Kenyan cases just before they take the stand.

She argued that it was also important to have the opportunity immediately to talk to a witness before in order to inquire whether they have been interfered with since their last contact with the calling party.

Ms Bensouda is seeking a modification of the witness familiarisation protocol that has been adopted in other cases. Normally, the process permits a brief courtesy meeting between counsel and witness, but bars factual discussions and places the task of witness familiarisation on the victim and witnesses unit.

Source: Daily Nation (15/04/2013): http://www.nation.co.ke/News/politics/Don-t-contact-witnesses-ICC/-/1064/1749628/-/pkc7su/-/index.html