When the ICC trial resumes this morning, the world’s eyes will be firmly fixed on the people whose testimony will either make or break the cases – the witnesses.
William Ruto
The prosecution has already given the list of the first eleven witnesses it will rely on to prove the allegations against Deputy President William Ruto and his co-accused Joshua Arap Sang.
Like in any criminal trial, witnesses appearing before the ICC are required to maintain the highest standards of integrity.
Since the presentation of evidence is one of the important aspects of a criminal justice system, the role of witnesses is important in assisting the courts verify the events that may have taken place during the post-election violence in 2007/08.
The witnesses will be expected to speak, ‘the truth, the whole truth and nothing but the truth’ as the prosecution seeks to prove its cases against Ruto and Sang.
The most obvious type of witnesses that will be presented by the prosecution are those who will provide observational testimony to the court.
They will claim to have been witnesses to the events that took place before and in the aftermath of the election, and the role of the accused persons in those events.
Lawyers for William Ruto and Joshua Sang will be listening keenly for consistency with a view to poking holes in their testimony during cross examination and during the defence hearing.
Eye witnesses will be expected to provide only that which they believe to be fact. Since they are considered lay witnesses, they will be expected to testify only on that which they believe to be true and not their personal opinions.
Expert witnesses
If the ICC prosecutor wishes to present any evidence touching on opinion, she will rely on expert witnesses who can speak on academic and technical issues.
Expert witnesses play an important part in the criminal process since the court can ultimately place great weight on their evidence.
French socio-political scientist Prof Herve Maupeu and a German doctor, Elisabeth Kaiser, are some of the expert witnesses listed by the prosecution. Character witnesses are more likely to be called by the Ruto and Sang team during the defence hearing.
By WILFRED AYAGA, The Standard
