Mr. William Ruto’s lead lawyer at The Hague Karim Khan on Thursday told the Trial Judges of the ICC that his client’s case has to end in an acquittal.
Khan who informed the chamber that this was his first time he has found it necessary to make a ‘no case to answer’ application, said the characteristics of the Ruto case was that, “The key allegations that this case was based on has disappeared. No planning meeting/incident the Prosecution relied on at confirmation made it through in evidence and the Key prosecution witnesses all withdrawn.”
He urged the court to subject the prosecution’s evidence to judicial scrutiny.
“The foundations of the case are gone. The allegations of the main meetings for the establishment of the network; all gone, every last one of them.” Karim Khan said.
“The military component has completely disappeared and disintegrated. That was the engine,” he added that, “The Prosecution is in dire straits in their bid to maintain a criminal organisation ‘the dismembered organisation’.”
Khan on the alleged meetings held at Ruto’s home, Sugoi in Eldoret, he said none of the meetings could be verified.
“None of these (three alleged meetings) was raised or put before the Trial Chamber or at the Confirmation stage. one on 20OCtober 2007, 13 December 2007 and 23 December 2007. No reasonable Trial Chamber ccould be satisfie there was a meeting. Witnesses cannot be relied upon. Three have recanted and denied their evidence under oath and one witnesses failed to come before the court,” said Khan.
Wilfred Nderitu, the Victims Legal Representative Wilfred Nderitu is expected to make submissions on the motion by the defence teams on Friday.