DISPARITIES

Gicheru's lawyer says witness was erratic, lied

Says there were major discrepancies in statements provided by Witness E0274

In Summary
  • Person Number 14 described Witness E0274 as a liar.
  • Witness allegedly lied when he explained how he met Person Number 14 and was taken to meet Gicheru.
Paul Gicheru at the ICC hearing on November 6, 2020.
DISPARITY: Paul Gicheru at the ICC hearing on November 6, 2020.
Image: Screen Grab

Lawyer Paul Gicheru's defence has said there were major discrepancies in statements provided by the last prosecution witness.

Lawyer Michael G Karnavas on Tuesday said the prosecution got back to other witnesses over the inconsistencies in statements provided by Witness E0274.

“They did it with Person Number 14 and gave him an opportunity to explain himself but they never returned to you for a clarification,” Karnavas said.

Karnavas further said that Person Number 14 described Witness E0274 as a liar.

Witness E0274 however said it was up to the court to determine who lied and not for him to explain his statements.

Karnavas said Person Number 14 indicated that the witness lied when he explained how they met and was purportedly taken to meet Gicheru at his office.

“He says he never took you to Gicheru’s office. Is he lying about you lying,” Karnavas said.

The witness however said that he was telling the truth. He said Person Number 14 went to his home and then took him to Gicheru’s office.

Gicheru has been accused of undermining the case against Deputy President William Ruto and former KASS radio presenter Joshua Arap Sang at the ICC.

Gicheru, who is before presiding judge Miatta Maria Samba, pleaded not guilty to eight charges of interfering with witnesses in the case.

Ruto and Sang were accused of crimes against humanity allegedly committed during the 2007-2008 post-election violence in which 1,200 people died.

ICC judges ruled in 2016 that the two had no case to answer, although they left the door open to possible fresh charges in future.

They said the case had been hampered by political interference and threats against witnesses.

The case was dismissed in 2016 over insufficient evidence.

Prosecution witnesses in the case against Gicheru have told the court that they were offered bribes to recant testimonies and not to appear before the court when needed to testify.

The prosecution, led by James Stewart and Anton Steynberg said they believe Gicheru committed offences against the administration of justice.

The defence team on the other hand has endeavoured to demonstrate that the witnesses have not been telling the truth with the character of some in question.

The prosecution believes Gicheru organised a systematic criminal scheme, aimed at approaching and corrupting prosecution witnesses through bribes and other inducement.

It is alleged that this was in exchange for their withdrawal as witnesses or recantation of their prior statements to the prosecution.

(Edited by Bilha Makokha)

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