Ocampo’s final strategy


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ByaseL

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By DAVID OCHAMI and CYRUS OMBATI
ICC Prosecutor Luis Moreno-Ocampo will tell Pre-Trial Chamber II judges in his final written submission that the strategy by defence lawyers in the second Kenyan case of isolating three out of twelve of his witnesses is irrelevant.
At the confirmation of charges hearings last week, the defence lawyers singled out Prosecution Witnesses 4, 11 and 12 as inconsistent and unreliable and asked that their testimonies not be used by the Pre-Trial Chamber II judges to put their clients on trial.

But Moreno-Ocampo, whose tactics and performance at the hearings was heavily criticised, says the defence misrepresented his evidence by evaluating it in a selective and haphazard manner, and ignoring pertinent testimony.
One of the witnesses, Prosecution Witness 9, is a former Mungiki member who "attended rallies organised by MPs from Central Province" to recruit, mobilise and pay pro-PNU youth to engage in the violence that rocked Nakuru and Naivasha, says the prosecution.
In the prosecution’s closing oral submission delivered last week, Prosecutor Ms Adesola Adeboyejo says: "The essence of corroborative evidence is that it confirms, supports or strengthens other evidence in the sense that it renders that other evidence more probable. It is not necessary that the corroboration extend to every part of the evidence. The corroboration need not be conclusive.

Another former Mungiki member, Witness 10, was allegedly present at a State House meeting and was transported with others in a military truck to Naivasha to participate in the atrocities.
The Standard has obtained the full transcript of the prosecution’s closing submissions by Prosecutor Adeboyejo, which will be included the prosecution’s final written submission on its case against Deputy Prime Minister Uhuru Kenyatta, Head of the Civil Service Francis Kirimi Muthaura and Maj-Gen (Rtd) Hussein Ali, Postmaster former Police Commissioner.




 

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