Kelv Christaholic and all other learned and learning friends - TopicsExpress



          

Kelv Christaholic and all other learned and learning friends kindly make me understand Law or make ICC understand it because obviously we are not reading from the same page. In Criminal Law, to sustain a charge, the prosecution is required to prove their case beyond any reasonable doubt. The Burden of Proof lies with the prosecution and never does it at any given time shift to the defence. The accused person has a right against self incrimination and does not at any given period has a duty to reveal material facts to the prosecution. What is the hullabaloo about? If the Kenyan govt has refused to cooperate with the ICC in giving evidence, then i think the court should take up the matter with the government and not the accused. In this case, they are two different entities. And the rights of the accused should not be jeopardized. The question should be: Is there a prima facie case or not?
Posted on: Fri, 24 Oct 2014 07:21:27 +0000

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