A Curious Statement by the Cambodian Co-Prosecutor

"[I]t is true that the pros­ecution has charged the five people with genocide," said Chea Leang, adding, how­ever, that prosecutors will only ask judges to prepare genocide charges if suffi­cient evidence is found. "If the co-investing judges think there are genocide cases, charges must be imposed.”

It is an interesting statement. Wouldn't the approval of the Co-Investigating Judges (CIJs) be routinely necessary to levy any type of charges? If so, what exactly is the point of this statement?