BENSOUDA

Dear Editor,

It is 6th April 2016 here in sunny-wet London and I am heartbroken for poor Fatou [Bensouda]. The fact that I have been advising her to drop the whole Uhuru/Ruto shenanigans for over two years gives me no comfort at all. On the contrary, I face the agony that most Marabouts face when they see into the future and advise people who will not follow the advice.

So finally, Marabout Halake’s predictions (below) have come to pass. Uhuru and Ruto face next year’s elections in Nairobi as returning moran’s in the Masai traditions having slain the ICC hyena and the “Western Anti-African Neo-Colonialism” lion with nothing more than a knife – and brave Masai Warrior hearts. I am afraid that is how it will play. Even the ICC-acquitted journalist Joshua Sang has declared his intention to run for office today!

Of course, as I have said all along, Fatou has been a victim (albeit a willing and well-paid one!) of Machiavellian White House political manipulation. Remember the captioned photo of Hilary Clinton and Odinga? Odinga says “Hilary, I am desperate to reside in State House Nairobi”. Hilary replies “Talk to Fatou”.

I think I am going to talk to my friend in Banjul. He understands this “Western Colonial Manipulation of Africans” thing more than any other African leaders. Truly he knows Fatou was a victim, and is paining for her as I am now. Now that the West will throw Fatou under the proverbial bus, having used and abused her legal talents, I will ask my friend in Banjul to come to her aid – and give her back her old job as Attorney General of the Islamic Republic of The Gambia (she is an intelligent woman and will master the new Islamic Sharia Code in no time at all).

I feel too overwhelmed with sadness for Fatou to go on much further with this, but below are my past advises for Fatou. I just wish she had followed my advice and dropped the whole thing two years ago – but then again the Western Mafia may have invented some crime for her and charged her at the Hague!!! This is too painful. Good night.

.

KAIRONEWS FORUM

Luntango Suun Gann Gi (aka Dida Halake)

October 8, 2014 at 10:35 PM

Bax, in the language of my new hobby, here is the analysis of the ICC Conference yesterday:

The White Queen (Fatou Bensouda) made a move on the Black King (Uhuru) with a “answer summons or face arrest warrant” dash to the right corner of the board.

The Black Queen (Ruto) positioned herself protectively behind the Black King’s throne, thus allowing the Black King to move to the safety of the Centre Court where he was surrounded by protective Knights (Kenyan MPs) and cheering Pawns (Kenyan citizens).

Out-manoeuvred by the Black King’s presence in the Centre-Court, the White Queen dashed back for another attack, only for her path to be blocked by the Black Bishops (Uhuru’s Lawyers – who are pale skinned Brits!).

Totally baffled, the stranded White Queen glanced across at the White King (ICC Judge) who was screaming: “Help! The next Black move looks like Check-Mate!”

But for now, the Black King, protected by the Knights, Bishops and adoring Pawns, regally made his way slowly back to his throne which the gallant Black Queen vacated for him.

Reply

 

“Chasing Uhuru Kenyatta is a waste of time!” – By Dida Halake

Daily News, Banjul, 12th March 2013:

It is therefore shocking that the West and their tool the ICC have the audacity to attempt to put Uhuru Kenyatta in the dock on flimsy grounds that have today seen the ICC drop similar charges against one of Kenyatta’s co-accused – charges dropped for lack of evidence! I do not like at all your insinuations about “witness being killed”. I suggest you would do better to try and find out why senior British Government Scientist Dr Kelly was killed (sorry, “committed suicide”!) when the Inquiry into Tony Blair’s Iraq War began here in UK. The question that Africa will always ask the ICC is this: why have Tony Blair and George Bush never been indicted by the ICC?

It is with great pleasure I note that exactly 50 years after Kenya’s Independence, Kenyan electors have given a slap in the face to the ICC and Western Double-Standards. I assure you that many voters who sympathised with Raila Odinga and would have wished him to have a go at the Presidency at the age of 68 only voted for Uhuru Kenyatta in defiance of the ICC and Western diplomats who had “warned” of the “difficulties” a Kenyatta presidency would bring. One of Kenya’s practicing leading lawyers, a former chairman of the Law Society of Kenya made exactly the same point as I am making here in Nairobi’s Daily Nation newspaper – as did the US Time Magazine (now Time Inc.).

Fatou, you have no answer – because the West funds you and pulls the strings. That being so, my advise to you is to stop wasting your time chasing Uhuru Kenyatta. Sitting here at my computer in London, I can absolutely guarantee you that Uhuru Kenyatta will never see the inside of the ICC Court at the Hague. Guaranteed. Your statements to the contrary, are, as our judges here sometimes put it, just “ventilation”.

 

Fatou Bensouda v. Uhuru Kenyatta Round 2 

by Dida Halake

(Round 1 was an International Exclusive. Now for more!)

 

Daily News Banjul, Maafanta,  4th April 2013:

Editor,

 

Remember when I wrote you an exclusive last month in the following words? “I can absolutely guarantee you that Uhuru Kenyatta will never see the inside of the ICC Court at The Hague. Guaranteed”. 

 

That was on the 14th March 2013.

 

Today, 4th April 2013, Fatou Bensouda and the ICC have at last seen the light (after more futile “ventilation” on BBC!). 

They have decided “to investigate video-link possibilities” for President Uhuru Kenyatta and Vice-President William Ruto’s “trial”. This is after submissions by Kenyatta’s and Ruto’s legal team.

Here then are more future news exclusives from yours truly.

 

These then are certain predictions:

 

The ICC will absolutely have no option but accept a video-link hearing for President Kenyatta and Vice President William Ruto.

 

Those truly educated African and Kenyan Legal Eagles will teach the ICC and Fatou Bensouda one or two things about conducting a Fair Trial based on the principles of Magna Carta, Due Process and the Rule of Law.

 

Kenyatta and Ruto will not personally appear even via video-link! Repeat: Kenyatta and Ruto will not personally appear even via video-link! You gotta understand Mau Mau psychology to know this! (By the way, Gambia’s President Jammeh does have a Mau Mau psychology – and that is why most Gambians don’t understand him!) The proceedings will be left to Kenyatta’s and Ruto’s lawyers. Any idea Fatou Bensouda has of “questioning” Kenyatta and Ruto “in the dock” via video-link are simply fanciful.

 

Obama’s administration has absolutely no ability to exert any pressure on President Kenyatta (even President Jammeh of Little Gambia is able to tell Obama and Co. to “Go to Hell” – now that is Mau Mau psychology!). On the contrary, we are in a delightful situation here where for once, the USA needs an African country more than the African country needs the USA! (By the way, Obama’s blood-uncle failed to get elected as a town councillor in the just concluded elections, repeat town councillor – that is how much the Obama name matters in Kenya nowadays!).

 

And these are the likely predictions:

 

The ICC itself will probably drop the case against both Kenyatta and Ruto even before it begins, having decided that the risk to the ICC’s reputation in Africa will not be worth taking.

 

The West (basically USA & UK) may decide that the risk to their interests in Kenya is too much and decide to have the case dropped themselves.

 

In the very unlikely event that the case goes to a trial and a ruling, which may be the best option to allow the ICC, the USA and UK to save face and retreat with dignity, both Kenyatta and Ruto are almost guaranteed to be found “Not Guilty”.

 

In the extremely minute possibility that a “Guilty” verdict is handed down by the ICC against Kenyatta and Ruto, Kenya will simply withdraw from the ICC – to be followed by many more African countries. In this scenario, Fatou Bensouda will be toast too – and she may as well then start packing her bags for Banjul (His Excellency President Professor Doctor Alhajji Sheikh Yahya AJJ Jammeh is a generous and forgiving man and he may re-hire her again as his Attorney General).

 

Final absolutely certain prediction:

 

Unless the Almighty decides otherwise, Uhuru Kenyatta will win the next Kenyan election too and rule for two terms (10 years in total). There is absolutely nothing the US, the UK or the ICC can do about that.

 

Remember, you read it all here first!

Kind regards,

Dida Halake.

 

Bensouda Finally Sees Sense!

By Dida Halake

KairoNews, December 6, 2014

Fatou Bensouda 5th December 2014:

“The evidence has not improved to such an extent that Mr Kenyatta’s alleged criminal responsibility can be proven”

Dida Halake:

Yes indeed, Mrs. Bensouda, I told you so in explicit terms twenty-one months ago. But the key point, and one that must define your legacy is this: prosecutors worth their salt do not charge until they think that they have enough evidence to secure a conviction. You charged as a “fishing expedition” – in the hope that the defence will provide you with evidence to convict themselves! And now you end up with egg all over your face! No sympathy whatsoever.

 

Kenya’s tragedy a danger for ICC

Dida Halake, London, UK

 

The tragic events in Kenya this week-end, the Al-Shabab attack at the Westgate shopping mall and the killings that ensued (68 dead is the count as I write), has also underlined the treacherous security environment in Kenya. World leaders and governments have been savagely awakened to the real dangers and difficulties that face Kenya, its people, and its President and Vice-President. Westgate is a high profile attack, partly because it targeted the country’s elite (President Kenyatta has lost a nephew while his sister escaped with her life). But the Al-Shabab war has been going on not just in Somalia where Kenyan soldiers are fighting, but also in the bordering areas of Northern Kenya – and the predominantly Muslim coastal areas where Kenyan police and “radicals” have fought savage battles in recent months (the chap who ritually slaughtered a British soldier on the streets of London recently had returned from there).

 

It goes without saying that Kenya will now see itself as being truly at war – and this will very much affect the role and image of President Uhuru Kenyatta and his Deputy William Ruto as war-time leaders. The Press Conference that the President held this afternoon was also attended by his defeated opponent for the Presidency Raila Oginga. It goes without saying that the Kenyan Presidency will be accorded the sympathy and support of Kenyans, Africans and the World in this struggle.

 

The ICC, it seems, has no option now other than to take the overwhelming African opinion on board and, at the very least, suspend the trials of Kenyatta and Ruto forthwith. The African Union has called a meeting for 13th October to discuss “mass withdrawal” from the ICC. Any “mass withdrawal” motion would require a two-thirds majority. Even if the result is not “mass withdrawal”, a significant number of African countries will withdraw from the ICC. The only way Fatou Bensouda can prevent such drastic loss of support in Africa is to listen to people like Kenyan Foreign Minister Amina Mohammed – and the rest of Africa.

 

Battling Bensouda’s Collapsing Cases

By Dida Halake

KairoNews, July 6, 2015

Is Dida Halake getting soft? Former Top Editor shed tears for Madam Bensouda.

Having condemned the cases against President Uhuru Kenyatta and Vice President William Ruto from the outset, and the cases having collapsed and/or being on the verge of collapse as I had predicted over two years ago, I kind of now feel sorry for ICC [International Criminal Court] Chief Prosecutor Fatou Bensouda.

So I am going to start this slightly pre-mature obituary about her Kenyan cases by being nice to Fatou!

Fatou is right to argue that where a witness can be proved to have been intimidated by the accused, or by others on behalf of the accused, the intimidated witnesses’ evidence (written, audio or video) can be submitted in court. The most recent British High Court judgement I have seen on the matter is that of the President of the Queen’s Bench Division delivered on the 18th of June 2013 ([2013] EWCA Crim 989). The principle clearly is that justice cannot be held hostage by criminals who can intimidate and threaten witnesses and victims of crime. Therefore, even where a witness has died, any witness statements (written, audio or video) can be admitted in evidence – at the discretion of the judge. Intimidating a witness is in itself a crime, and the President puts it rather memorably as follows: “A person may intimidate another person without the victim being intimidated … an act may amount to intimidation and thus intimidate, even though the victim is sufficiently steadfast not to be intimidated ” (para 9).

Fatou also wins the second point in that she does not need to prove “beyond a reasonable doubt” her allegations of witness intimidation and bribery in order to have the hearsay evidence submitted in court. She simply needs to prove her allegations to the much lower standard of “on a balance of probabilities”. One or two of the witnesses against Ruto having died, and one or two having given evidence that they felt intimidated – or were indeed intimidated – then the balance of probabilities would be that “yes, there may probably have been intimidation, we can’t rule it out – though we can’t says so beyond a reasonable doubt!”

The real problem for Fatou arises once the hearsay evidence is before the Court. At that stage, the hearsay evidence will have to pass the more stringent test of being “beyond a reasonable doubt” before being used to convict Ruto. So all Ruto’s legal team need to do is raise doubts in those witness statements – by raising questions which the absent witness are not in court to explain away. For example: can the court be sure that the prosecutor’s team did not offer money – and a flight to Europe – to entice these witnesses to make up stories about Ruto’s involvement in the killings? Some of the prosecutor’s own witnesses have already stated as much in court.

(All this reminds me of that scene in the Godfather when Don Michael is summoned before the US Senate Organized Crime Committee to be investigated. The Senate had a key witness to nail Michael on criminal Mafia charges including assassinations. As the Senate’s star witness enters the committee room surrounded by bodyguards, he sees the elderly brother he left in Italy 30 years ago – sitting next to Don Michael. The Senate hearing ends in uproar as the star witness recants his evidence against Michael!)

In short, I think Fatou will get permission to introduce hearsay evidence from 20 or so absent witnesses, but, faced with a tenacious legal team in Ruto’s corner, it is hard to see how Fatou can establish her witnesses’ credibility “beyond a reasonable doubt”.

Fatou’s cases will inevitably collapse and Fatou will be blamed for pursuing hopeless cases against Uhuru and Ruto. All that one can say for Fatou is that it was not her cases to begin with: it was the Obama White House (Hilary Clinton) and ICC Prosecutor Ocampo who decided to “charge and investigate later” in order to prevent Uhuru and Ruto from even contesting the 2012 elections. The hope was that Odinga would become Kenya’s president and allow the ICC full access to Kenya for a fuller investigation. But as it turned out the pre-emptive charges actually helped Uhuru and Ruto into Nairobi State House – and Fatou was left holding cases that were poorly investigated and prematurely charged.

So, I feel sorry for Fatou because she too was a victim – of Machiavellian White House political manipulation.

 

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