Katwa Kigen, the Defence Lawyer for Journalist arap Sang
Defense lawyer for journalist Joshua Sang on Wednesday told the Pre-Trial Chamber Judges of the International Criminal Court that the prosecution’s evidence against him on its face value manifests his innocence.
Katwa Kigen, argued in his no-case-to-answer oral submissions that both the Prosecution’s evidence and own witnesses informed that Sang was innocent.
Katwa made the arguments that Sang played no role in the alleged network that the prosecution said he played a part in with his co-accused William Ruto.
“For the last five years the Prosecution has never presented an audio before the chamber to show Mr. Sang is culpable of the alleged crimes,” Said Katwa. This was in reference to the Prosecution’s allegations that Sang used his position as aradio journalist to popularize the objectives of the network.
The Defense Lawyer thus, asked the Chamber to make a finding if whether Sang broadcast propaganda against the PNU party supporters, funned violence by encouraging his supporters to expel the Kikuyu and if he called on the perpetrators to initiate the attacks.
Sang’s Defence informed the Chamber that without the existence of a network, it had no jurisdiction to listen to the matter or it had to be excluded.
“If you do not find a network, network with an organisational policy, this is an international court then it has no jurisdiction,”
“We maintain there is no network, there is no jurisdiction. We insist that you must find a network. If not the issue be excluded,” reiterated Katwa besides more academic inquiries from Judge Chile Eboe-Osuji the Presiding judge.
Katwa maintained that, it was possible to prosecute an alleged suspect, but if the ingredients: hierarchy, organization network policy does not exist then, there was no jurisdiction.
“Whichever approach you give it, Article 7(2) of the Rome Statute there is no way Mr. Sang is capable of the charge. You have no jurisdiction to try him and the first accused. You have no jurisdiction.”
Katwa insisted that Sang’s close proximity to the alleged persons mentioned by the Prosecutor to be part of the network was only two person: Jackson Kibuor and William Ruto and that the Prosecution was not able to show any relationship or linkage between what Sang did or failed to do with a criminal event.
“In any case, Mr. Sang was a very disloyal member. If at all a network existed, he would have been a member, and he would have been charged with treason for going against its objectives. Sang preached peace,” says Katwa.