In Summary
  • Witness 727 had refused to appear before the court.
  • The witness set to appear via video link from a remote location on March 23.

The International Criminal Court has ordered a witness considered “outstanding” to prove the case against Deputy President William Ruto, and radio journalist Joshua Sang, to testify via video link.

Trial Chamber V(A) judges Chile Eboe-Osuji (presiding) Olga Herrera Carbuccia and Robert Fremr on Tuesday evening directed that the ICC registry start modalities to ensure that Witness 727 gives his account of events.

The witness, which Prosecutor Fatou Bensouda argues has “testimony that is necessary for the determination of truth”, had earlier been relocated to be prepared to testify.

But he later got cold feet and refused to appear before the court.

When prosecutors investigated further, the witness is said to have “placed conditions” before he could appear before the court.

On Tuesday, the judges ruled that Witness 727, being one of the “very few outstanding witnesses in the prosecution's case” should appear via video link from a remote location on March 23 this year.

“In the interest of furthering expeditious proceedings, the Chamber considers that the most expedient course (without undue prejudicial effect on proper administration of justice or the law) is to grant the relief as set out by the Prosecution…

“In that respect, the Chamber also notes that video link has been the means by which all other summonsed witnesses have testified in the case… (The Chamber) requires the appearance of Witness 727 to testify before this Chamber by video-link…” they said in a decision.

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