JUBA – The Special Court hearing the case against eight SPLM/A-IO officials adjourned the ninth trial on Monday after the defense team pointed out that the tribunal had become illegal as its mandate expired on October 8.
The hearing of the Nasir Incident case – held behind closed doors at Freedom Hall, saw the defense presenting a motion challenging the temporal jurisdiction and legality of the “Special Court.”
This objection is based on the fact that the ministerial order for establishing the court was issued on September 1st, stipulating that its mandate would commence from September 8th to October 8th, a period of only one month.
The defense contended that, upon the expiration of its designated period, the court became both jurisdictionally incompetent and unlawful.
The defense team further demanded the immediate release of all SPLM/A (IO) detainees, including suspended First Vice President Dr. Riek Machar. However, the three-judge panel offered no comment on this request.
“The SPLM/A-IO reiterates its rejection of the so-called Special Court, which it views as a mechanism created to abrogate the Revitalized Agreement and to conduct a political witch-hunt against Dr. Riek Machar Teny-Dhurgon and the SPLM/A-IO,” said Puok Both Baluang, the press secretary of Machar.
“We add our voice to the defense’s call for the immediate and unconditional release of H.E. Dr. Riek Machar Teny-Dhurgon and all SPLM/A-IO detainees, based on the jurisdictional incompetence and unlawfulness of the sham court.”
Monday’s session was adjourned until October 15th, to allow the court to obtain an extension of its mandate and jurisdiction.