Witness 743 told the International Criminal Court (ICC) he told the prosecution what he heard Joshua arap Sang say on radio, but he did not give them any recordings of Sang’s programs on Kass FM.
The witness said this on Thursday in response to questions from Sang’s lawyer, Joseph Kipchumba Kigen-Katwa. The questions were based on Witness 743’s statements to the prosecution.
Sang is charged with three counts of crimes against humanity for his alleged role in the violence that erupted after the December 2007 presidential election. At the time, Sang was the star presenter on the Kalenjin language radio station, Kass FM. He has since left the station. Sang’s co-accused is Deputy President William Samoei Ruto, who is also charged with three counts of crimes against humanity.
After asking the witness about whether he had given the prosecution any recordings of Sang’s broadcasts, Kigen-Katwa played him clips of a recording of a December 14, 2007 Kass FM broadcast. Kigen-Katwa asked him to identify the voice and the date of the recording. Witness 743 said the person speaking in the recording was Sang. Kigen-Katwa then played another clip for the witness, read out an English translation of that clip and asked the witness to confirm whether it was a fair reflection of what was said in Kalenjin. Following this, Kigen-Katwa conducted the rest of his questioning in private session.
Most of the day’s proceedings were similarly conducted in private session. Senior trial lawyer Anton Steynberg completed his cross-examination of Witness 743 in the morning and then Kigen-Katwa was the first of the defense lawyers to question the witness. In the afternoon the court held a status conference that was closed to the public.
On Tuesday, Trial Chamber V(a) declared Witness 743 a hostile prosecution after the judges found that in his testimony he had departed systematically either in part or in whole from his earlier statements to the prosecution. This declaration meant that the prosecution could cross-examine him and challenge him on inconsistencies between his testimony and his earlier statements to them. This declaration also meant Witness 743’s testimony was likely to be favorable to the defense.
Witness 743 is scheduled to continue testifying on Friday.