Procedural issues.
The Judges asked Bensauda to indicate if and when she will be ready to start trial.
Bensauda replied that GoK has no co-operated (and when they've done--they partially gave out the requested info).
Bensauda wanted the judges to postpone the start of trial indefinitely. The victim lawyer support that.
Uhuru want the case dismissed (they've not made the application...but i think this was their response to Bensauda's).
So the trial judges will have to deal with
1) Indefinitely adjourn trial.
2) Dismiss the case before it even start for "lack of evidence".
3) Any other orders..possibly compelling gov to cooperate or possibly involving ASP.
Without looking at the ICC laws; both 1 and 2 are problematic. One will infringe on Uhuru's right to fair and expeditious trial and also the victims's justice will be delayed. Dismissing the case when OTP have provided on face value evidence that Uhuru as Head of GOK has implicitly or explicitly used his position to block investigation is problematic.
Trial judges derive their powers from Article 64. We will go back to that.
The prosecutor has her own powers . Only Bensauda can terminating a case with permission of the judges (Muthaura style). Bensauda is allowed to investigate the case until late into trial. On exceptional case even during trial. As long as the right of accused to fair hearing and trial is not infringed.
Uhuru therefore hope for dismissal of charges is not going to happen. The Judges cannot interfere on Bensauda powers to continue with investigation.
Do trial judges have powers to terminate a case? I doubt.
Obviously reading article 64- they have powers over the conduct of proceedings of the trial..including the trial calendar..when to start trial or suspend trial..
Trial judges also have sweeping powers to compel the production of evidence including subopena.
In my view the judges will apply their powers to compel the production of evidence by now issuing direct orders to people within GOK. If Bensauda want land records...the Judges will compel the NLC to produce them.
That is my pesa nane.
AG cannot purport to know the relevance, specificity and admissibility of evidence....required..all he can do is ask for more time...or well send Bensauda 100,000 copies of title deed...or dump the 10 terrabytes of safaricom call data.
Bensauda should be given what she wants. Send all the info she wants on container and have her pick them up in Hague.
After that Bensauda will have no more excuse except to terminate the case.
Topic: The issues before the trial chamber i think are these... (Read 2051 times)