Author Topic: Pundit, whats your take on this?  (Read 2322 times)

Offline Higgins the genius

  • VIP
  • Superstar
  • *
  • Posts: 225
  • Reputation: 337
Pundit, whats your take on this?
« on: November 21, 2014, 10:07:26 AM »
A TNA Operative on social media had this to say:

I HAVE SOME BAD NEWS FOR RUTO
Out of 26 witnesses who have given their testimonies so far, 11 will most likely jail William Ruto.
5 witnesses will have their evidence thrown-out.
10 witnesses will be jailed at the ICC for perjury.
The judgment will be due on, or before November next year.
I can bet.

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38453
  • Reputation: 1074446
Re: Pundit, whats your take on this?
« Reply #1 on: November 21, 2014, 12:05:46 PM »
Well the the tna operative is a legal quack engaging in wishful thinking.

This is snapshot of the procedure.

This is probably the last witnesses (from what i have read).
The prosecution will then close it's case.
The Prosecution and defence will be given say 3-4 months to make written submission on whether Ruto and Sang have a CASE TO ANSWER.
This is mid-way.
The Judges will take 3-4 months to deliver the rulling.
So Nov (using your date) is when we can expect to know if Ruto has a case to answer or not.

If he has case to answer....he'll get the chance to call his 40-50 or whatever number of witnesses to defend himself.
First there will be disclosure schedule....Ruto and Sang will tender witnesses, documents and any info to prosecution...on areas (elements in legal terms) that prosecution "scored"..for instance if Judges agreed with OTP that Ruto on certain dates did this...Ruto will then call witnesses to refute that.

Then hearing will start again..this time with defence leading their witnesses and the prosecution doing the cross-examination....this may take 1-2 yrs...going by how long the prosecutor has taken.

So we are into 2017-2018 before judgment.

Judges will then consolidate the case and deliver judgment.....

Either party will most definitely appeal.

The final decision will be somewhere near 2020.

Now that you understand the procedures...

The issues now is whether the prosecution will manage based on their OWN EVIDENCE alone to have Ruto stand on the dock to defend himself.

I think am 50-50 . Prosecution have a very weak case and will only be saved because the defence are restrained now on how far they refute OTP evidence..they cannot "attack" now...they can only cross-examine witness and sneak in one or two exhibits..most of the stuff they tender now..are not going to be admitted until they call their own witnesses

It would be very embarrassing for prosecution to have their case shortcircuited without Ruto or Sang having to call any of their witnesses.

Think of this battle as game of cricket. One sides bats..the whole day..the next day it's the other side.

Regarding the analysis of the prosecution case thus far. They've had more victims witnesses that inside witnesses. Their inside witness have turn hostile [judges decision on which part of their testimony is believable is critical]. They dropped one and have had i think only 2 kalenjin witnesses have given adverse testimony. The rest have been non-kalenjin. I think the Kalenjin witnesses are crucial for nexus..nobody dispute most of stuff that happened in 2007...that large scale attack targetting PNU supporters...the prosecution has to tie Ruto and Sang.