Maria Mabinty Kamara, the ICC outreach coordinator for Kenya and Uganda has said judges of the Trial Chamber V(A) will decide in due course on the no-case-to-answer matter and its outcome cannot be speculated.
“It will be only for the Judges of Trial Chamber V (A) to decide in due course on this matter based on the elements available to them. We cannot speculate on the outcome of this motion,” She said.
Speaking on Wednesday at the Journalists For Justice monthly briefing on the judicial developments in Kenya and Uganda ICC situations, there was a decision on the use of recanted evidence which the Appeals Chamber reserved as ‘it raises a lot of disadvantages for the accused persons’.
“People are linking the Appeals Chamber’s decision to the no-case-to-answer and we have to understand these are completely two different issues and the fact is that the issues are before two separate chambers make all the difference.
Trial Chamber V (A) is ceased of the matter on the no-case-to-answer which is in fact trying this case. The Appeals Chamber is the last court of resort where matters of the court can be brought to them in the course of any stage of the proceeding. When the matter on the use of prior recorded witness testimony was brought to them, it was decided and the decision was unanimous. They were reversing the decision which had accepted five testimonies of witnesses who previously recanted. The implication is that that testimony of the five will not be used,” she said.
The ICC Outreach Coordinator further emphasised that, “There is a pending decision on the no-case-to-answer which is not linked to the decision made on Friday. There is an ongoing trial; the matter has not come to closure.”
AUDIO: Maria Kamara on the judicial developments in Kenya and Uganda ICC situations
