ICC issues arrest warrant against Kenyan journalist Walter Barasa over
witness interference
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The International Criminal Court issues an arrest warrant against Walter
Barasa for attempting to influence prosecution witnesses to withdraw their
testimony in Kenyan cases
In Summary
-
ICC's Pre-Trial Chamber II unseals an arrest warrant against Walter
Osapiri Barasa.
-
ICC: He has been and is still acting in furtherance of a criminal scheme
devised by a circle of officials within the Kenyan administration.
-
The prosecutor accuses Mr Barasa, a journalist based in Eldoret, of
attempting to bribe three witnesses.
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If found guilty, Mr Barasa faces up to five years in prison, a fine, or
both.
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*By ANTHONY KARIUKI*
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The International Criminal Court has issued a arrest warrant against a
Kenyan journalist for "corruptly influencing or attempting to corruptly
influence ICC witnesses".
ICC prosecutor Fatou Bensouda said the Kenyan Government had received the
warrant "for the immediate arrest and transfer of Walter Barasa to the
International Criminal Court (ICC) to face criminal charges"
"There is evidence to suggest that Walter Barasa tried to bribe someone he
thought was a Prosecution witness in the case against (Deputy President
William) Mr Ruto," Ms Bensouda said in a statement Wednesday.
She said the Prosecution has conducted a detailed investigation on the
allegations of witness interference, a situation that obtains to date.
"The evidence collected so far indicates that there is a network of people
who are trying to sabotage the case against Mr Ruto et al. by interfering
with Prosecution witnesses. Walter Barasa, against whom compelling evidence
has been collected, has been part of this network, and his actions fit into
this wider scheme that the Office continues to investigate," the prosecutor
said.
Under Article 70 of the Rome Statute, using bribes or threats to influence
witnesses to change or recant their testimony is a crime.
If found guilty, Walter Barasa faces up to five years in prison, a fine, or
both.
*BRIBE THREE WITNESSES *
The prosecutor accuses Mr Barasa, a journalist based in Eldoret, of
attempting to bribe three witnesses including witness 536.
Witness 536 is the survivor of the Kiambaa Church arson attack and is
presently testifying in the case facing Mr Ruto and former radio presenter
Joshua arap Sang at The Hague.
She is giving her testimony in private sessions after attempts to expose
her identity and intimidate her family.
Ms Bensouda says Mr Barasa offered "to pay her and her husband a total of
one million four hundred thousand Kenyan Shillings (KES 1,400,000) in order
to influence her to withdraw as a Prosecution witness, committed during the
period 20 May to 25 July 2013 and at or near Kampala, Uganda".
He also attempted to corruptly influence witnesses 256 and 336, Ms Bensouda
charges.
*HAND OVER BARASA*
Ms Bensouda said it was her expectation that Kenya would arrest and hand
over Mr Barasa for prosecution.
"He will appear before ICC judges on charges of corruptly influencing and
attempting to corruptly influence a person he believed to be a Prosecution
witnesses," she said.
In response, Attorney General Githu Muigai said the Kenyan courts would
decide whether to enforce the arrest warrant.
"The procedure for enforcing any warrant issued by the international
criminal court against any individual in Kenya is subject to the very clear
procedure set out under the International Crimes Act 2010. These procedures
require the minister in charge of the interior upon receipt of the formal
warrant of arrest to present the said warrant to the judiciary for
enforcement," Prof Muigai said in a statement.
"During the judicial consideration of the legality of the warrant, the
subject is entitled to make representations to the court. The final
determination on the enforceability of the warrant is therefore a judicial
one," he said.
The prosecutor said her office continues to monitor and probe other
incidents of witness interference.
Ms Bensouda said the issuance of the arrest warrant should serve as a
deterrence to those who may be plotting to obstruct justice.
"The issuance of an arrest warrant in this case should be a warning to
others who may be involved in obstructing the course of justice through
intimidating, harassing, bribing or attempting to bribe ICC witnesses.
"My Office will continue to do everything it can to ensure that witnesses
are able to present their evidence before the Court without fear. Witnesses
who have courage to come forward to testify deserve no less," she said.
She praised her witnesses for their "moral courage" to testify in the
Kenyan cases.
"Through my Office, I will do all within my power to protect the integrity
of our cases and ensure that justice is allowed to run its course
unobstructed."
Mr Barasa's arrest warrant was unsealed by Judge Cuno Tarfusser, Single
Judge of Pre-Trial Chamber II.
"He is charged with several offences against the administration of justice
including corruptly influencing or attempting to corruptly influence ICC
witnesses. An under seal warrant of arrest was issued against him on 2
August 2013, " the court said in a statement
"Based on the Prosecutor’s evidence, Judge Tarfusser also found that it is
necessary to arrest Walter Osapiri Barasa to ensure his appearance at
trial, to ensure that he does not obstruct or endanger the investigation or
the proceedings, and to prevent him from continuing with the commission of
the crime."
Mr Ruto and Mr Sang are facing charges of murder, persecution and
deportation arising from the 2007/08 post election violence.
President Kenyatta trial is scheduled to open on November 12. He faces
charges of murder, rape, persecution, deportation and other inhumane acts.
*NEXT STEPS*:
During an initial hearing before ICC Judges, Walter Barasa will be informed
of the crimes which he is alleged to have committed and of his rights under
the Rome Statute.
His plea will be entered and the Judges will then set a date for a hearing
on the charges.
At this subsequent hearing, the Judges will hear submissions from both the
Prosecution and Walter Barasa’s Defence on whether his case should go to
trial.
If the charges are confirmed, the judges will set a trial date.
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