Sang argues his case in bold gamble

Mr Joshua Sang on the first day of the trial September 10, 2013 at the International Criminal Court. Photo/BILLY MUTAI

In Summary
Adopting the ethnic-victimisation defence enunciated by his lawyer, Mr Sang said he was
targeted merely because he was a Kalenjin, addressing a Kalenjin audience.
With his eyes firmly fixed on the three judges, Mr Sang pleaded: “I believe that one day the judges will find this innocent journalist innocent and free this innocent journalist.”
The prosecutor had accused Mr Sang of broadcasting anti-Kikuyu rhetoric and even coordinating the actual attacks through coded messages.

 By NATION TEAM
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Wednesday morning was Mr Joshua arap Sang’s finest moment.

He took to the floor of the world court and in a surprisingly moving and eloquent presentation, fought to save himself.

Mr Sang, a radio journalist, is on trial alongside Deputy President William Ruto, for crimes against humanity at the International Criminal Court. They face charges of murder, deportation or forcible transfer of population and persecution.

The former Kass FM presenter had the courtroom, including the judges, defence and prosecution lawyers, momentarily forgetting themselves and bursting into laughter after getting the chance to address the court from his lawyer, Mr Katwa Kigen.

This was after he wondered why he, “the shortest journalist in Kenya”, was singled out by the ICC for prosecution.

He said that if he had uttered on radio the words allegedly inciting violence and coordinating Kalenjin attacks against the Kikuyu, a government that had the temerity to mount an armed raid on the much bigger Standard Media Group on mere suspicion of possessing documents embarrassing to the administration, would have pounced on him with an iron fist.

“Or was I too short for the law to notice?” he wondered.

Adopting the ethnic-victimisation defence enunciated by his lawyer, Mr Sang said he was targeted merely because he was a Kalenjin, addressing a Kalenjin audience.

He said Kass FM broadcasts internationally. “Even here in the Netherlands, I listen to Kass, so no hate speech or incitement to violence would have escaped a global audience.”

He also repeated his remarks from the pre-trial hearings: “I’m just an innocent journalist,” adding as earlier stated by his lawyer that he was a mere employee at Kass FM, who had lost his job and seen a career he lived for ruined because of the ICC case.

He also pointed out that he was neither a shareholder nor director, being just an ordinary employee, who worked under direction and supervision of his managers.

“Today I stand here a jobless man. I resigned from Kass because that’s where prosecution says I was doing criminal things.”

The accused presented himself as a God-fearing man, who is active in the church and therefore incapable of inciting anybody to violence.

“In my entire life, I have never stood before any court because I am a law-abiding citizen. I belong in the church. I am a patron of the choir at my church in Eldoret,” the former radio presenter told the trial chamber.

Mr Sang sought to poke holes in the prosecutor’s case that he used his popular programme on Kass FM to whip up anti-Kikuyu emotions and coordinate attacks against members of the community during the violence.

“According to the prosecution, a foolish Sang was directing attacks against Kikuyus in Eldoret where my wife and two children lived. I am a caring husband and father. Would I have been that stupid to tell people to go and attack a place where my family lived?” he asked.

FACING THE JUDGES

With his eyes firmly fixed on the three judges, Mr Sang pleaded: “I believe that one day the judges will find this innocent journalist innocent and free this innocent journalist.”

Mr Sang told the judges that contrary to the prosecutor’s case that he used his programme to spread anti-Kikuyu messages, he hosted President Kenyatta, who was at the time a top PNU leader.

“I was even accused by some listeners who said I was giving too much air time to PNU and not ODM,” he stated.

He defended himself against accusations that he placed his prime-time radio show at the disposal of the network led by Mr Ruto to spread its message and coordinate its activities, saying that he had conducted himself professionally.

“I did my job professionally. There is a notion painted that Sang was in a network and its main goal was to evict certain communities. I am disturbed by allegations that I planned, coordinated and directed attacks against a certain population.”

The prosecutor had accused Mr Sang of broadcasting anti-Kikuyu rhetoric and even coordinating the actual attacks through coded messages.

“I thank God that my innocence has given me courage to come this far. I know that one day I will be vindicated,” he said.

The hearing was adjourned to Tuesday next week to allow the prosecution to present its witnesses