Common Plan Theory haunts Bensouda- On March 12th this year - TopicsExpress



          

Common Plan Theory haunts Bensouda- On March 12th this year Prosecutor Bensouda dropped the Charges against one Ambassador Muthaura... She was fully convinced that Muthaura did not aid in the retaliatory attacks in Naivasha and Nakuru. She was also fully aware that the ICC Judges had previously cleared the Police of any wrong doing as framed in the charges... The specific nature of General Ali’s charges wa s that he aided Kikuyu youths to attack Luo youths in the areas of Nakuru and Naivasha. That the said youths were given guns and Police uniforms under the Instructions of Uhuru Kenyatta to Muthaura and executed by General Ali to carry out attacks on Luo youths.... Thats where the Common Plan theory of the Prosecutor was borne.. That Uhuru relied on Muthaura and Muthaura relied on Ali for the common plan of widespread and systematic attack on Luo youths. So it came as a shocker to even the Judges when Bensouda being convinced by the meticulous arguments of Karim Khan decided to drop the case against Muthaura. The Judges Pressed the Prosecutor to explain why she was not dropping Uhurus case since the common Plan theory was no more... . In the judges own words common plan cannot exist without Muthaura Bensouda in her characteristic arrogance insisted she had sufficient evidence.. Today Bensouda is unable to Prove her case against Uhuru, She is unable to get Just one credible witness to take the stand, because she has to fundamentally change all the coaching done to all her previous witnesses against Uhuru, coached using the common plan theory. She cannot drag the names of Muthaura and Ali into a common plan that was not there, having been cleared by the court, at the same time it will be difficult to tell the court Uhuru was the head of the Police and head of Public service. She cannot also tell the court of meetings at statehouse with Mungiki where Muthaura was Present yet he was cleared by the court... Uhuru defense have applied for a postponement or Permanent stay of the Proceedings due to what they call abuse of the Judicial Process through witness intimidation and bribery by Madam Bensoudas office. Madam Bensouda is more Confused than the word Confused itself and thats why she is asking for a break till February next year to re-consider her next move .... She has raised NO objection on Uhurus request of Postponement of trial... But something tells me that if Uhurus defense are quick to point out and convincingly argue that Bensouda and her office are culpable in subverting the course of Justice with witness bribery she will drop Uhurus case like a hot potato.
Posted on: Fri, 01 Nov 2013 14:48:36 +0000

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