The international criminal court prosecutor is scheduled to share his evidence with defense teams of Kenyan post election violence perpetrators on 18th April 2010
The session will see the prosecutor release his evidence and share it with the defense teams before the formal charges are read.
This is going to weaken his case profoundly and owing to the fact that he did not conduct independent investigations rather relied on the Waki report to prepare prosecution.
Ocampo attempted to block the evidence sharing session through a formal admission through Judge Ekaterina Trendafilova.
The judges refused to admit the complaint and advised that the hearing session has to proceed.
The defense teams from Kenya have already arrived at The Hague where they will hear the Ocampo evidence about the PEV masterminds.
The defense teams are seeking after the Ocampo evidence as part of the legal process through which they will contest the prosecution.
Moreno Ocampo insists that the evidence if told away will be a weapon against witnesses if the admissibility challenge by the Kenyan government is considered.
However he insists the Ocampo evidence sharing is important to the process.
Ocampo evidence should be shared under Article 67(2) of the Rome Statute provides that the prosecutor shall disclose to the defense all evidence that he believes shows or tends to show the innocence of the suspects or mitigate their guilt by way of permitting inspection of any documents, photographs, books or tangible items.
The prosecutor seems to rely heavily on media reports after he was quoted arguing his case about the admissibility dismissal by basing his evidence on media reports and innuendos when Uhuru and Ruto held a prayer meeting on return from Hague.
Ocampo has asked the court to dismiss the admissibility case by the Government of Kenya saying his witnesses will be compromised upon him sharing the evidence.
The prosecutor might have been misled about the case and is in no doubt going for a serious legal battle, which he will lose, pundits say.
