Photo: Evan Schneider/UN ICC Prosecutor Fatou Bensouda has opposed the request by President Uhuru Kenyatta to have his trial pushed to January 2014. The trial is presently scheduled to start on July 9.
In his application to the trial judges, Uhuru said that his defence team still needed more time to investigate the "credibility and substantive allegations made by five prosecution witnesses whose identities and unredacted transcripts have still not been disclosed" to the defence.
In the court agrees to a further adjournment, Bensouda asked the judges to set the start date to promptly after the Court's summer recess which ends on September 9.
Ruto had also asked the ICC postpone his trial date to November from the initial date of May 28. Ruto's trial has now been scheduled to start on September 10. Bensouda said that the Office of the Prosecutor was still ready to start Uhuru's trial on July 9, the current start date.
She told the judges that a postponement was not justified as the only substantive issue is the finalisation of protective measures for the remaining four witnesses.
"The Prosecution is willing to call these witnesses later in its case to ensure that the Defence has adequate time to prepare for their testimony. Should additional time be needed, the Defence may request the Chamber to grant a short adjournment before those witnesses testify," Bensouda told the judges.
Bensouda acknowledged that Uhuru is entitled to an adequate period to prepare but argued that an additional seven months would constitute "superfluous amounts of time."
"Any grant of additional time should not exceed that which is strictly necessary to safeguard Mr Kenyatta's fair trial rights. The January 2014 start date proposed by the Defence exceeds that threshold and should be rejected," Bensouda said.
The Prosecutor argued that Uhuru had already been granted three additional months from the previous start date of April so he should be able to adequately prepare before July 9.
"The Defence bears the burden of justifying any additional time over and above that period. The seven points raised in the Adjournment Submission fail to satisfy that burden," Bensouda argued.
Victims lawyer Fergal Gaynor asked the Trial Chamber that any adjournment granted should be strictly limited, and asked that the trial start as soon as possible.
Gaynor told the judges that Uhuru can request an adjournment at the close of the Prosecution's case, and prior to the commencement of the defence case.
"The Trial Chamber should make full use of these in-trial mechanisms to minimise any unfair prejudice to the Defence during trial, and should order that this trial commences as soon as practicable," Gaynor said.
"While it is undoubtedly desirable that the entirety of the prosecution's evidence should be disclosed to the defence prior to the start of trial, it is widely accepted that certain flexibility must be permitted in respect of particularly sensitive insider witnesses where there is a real risk of intimidation," Gaynor said.
Kenyatta and his Deputy President William Ruto are accused of crimes against humanity following the chaos that followed the flawed general elections in December 2007.
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