JUBA – The 11th trial of eight SPLM/A-IO political and military figures, including suspended First Vice President Dr. Riek Machar, resumed on Friday with the prosecution expected to present final exhibits, following the indefinite extension of the court’s mandate.
The Special Court adjourned the trial early this week after the defense team pointed out that the tribunal had become illegal as its mandate expired on October 8.
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.
On October 15, the Presiding Judge, Dr. James Alala Deng, announced the extension of the court’s jurisdiction until the completion of the trial.
Judge Alala further announced that trial sessions would henceforth be held thrice weekly, on Mondays, Wednesdays, and Fridays. This decision was made pursuant to a directive from the Chief Justice of South Sudan Dr. Benjamin Baak Deng.
The session on Wednesday proceeded with the prosecution tendering eight physical exhibits as evidence against the accused members of the SPLM/A-IO.
The court provisionally admitted these exhibits, despite the immediate and strong objections raised by the defense team, Machar’s press secretary, Puok Both Baluang, said.
The exhibits tendered were:
1. Second Exhibit: Pertaining to Accused No. 3, Lt. Gen. Gabriel Duop Lam: Two smartphones confiscated at the time of his arrest. General Gabriel Duop acknowledged ownership of the devices, which were seized during his arrest.
2. Third Exhibit: Pertaining to Accused No. 1, Hon. Puot Kang Chol, Minister of Petroleum: One mobile phone confiscated at the time of his arrest. Hon. Puot Kang acknowledged ownership of the device, which was seized during his arrest.
3. Fourth Exhibit: Pertaining to Accused No. 4, Hon. Gatwech Lam Puoch, Member of the National Parliament: One mobile phone confiscated at the time of his arrest. Hon. Gatwech Lam acknowledged ownership of the device, which was seized during his arrest.
4. Fifth Exhibit: Pertaining to Accused No. 6, Brigadier General Camilo Gatmai Kel Gatwech: Two mobile phones confiscated at the time of his arrest. General Camilo Gatmai acknowledged ownership of these devices, which were seized during his arrest.
5. Sixth Exhibit: Pertaining to Accused No. 2, Mr. Mam Pal Duop: Three mobile phones confiscated at the time of his arrest. Mr. Mam Pal Duop acknowledged ownership of these devices, which were seized during his arrest at Juba International Airport.
6. Seventh Exhibit: Pertaining to Accused No. 8, Mr. Dominic Gatgok Riek (generator operator in the office of FVP): One mobile phone confiscated at the time of his arrest. Mr. Dominic Gatgok denied ownership of the presented phone, despite it being of the same model.
7. Eighth Exhibit: Pertaining to Accused No. 7, 1st Lt. Mading Yak Riak: One (1) mobile phone confiscated at the time of his arrest. Lt. Mading Yak acknowledged ownership of the device, which was seized during his arrest.
8. Ninth Exhibit: Pertaining to Accused No. 6, Camilo Gatmai Kel: Three firearms allegedly seized during his arrest. The defense, on behalf of General Camilo Gatmai, denied ownership of the alleged weapons, citing that he had arrived in Juba as part of the SPLM/A-IO contingent participating in the peace implementation mechanism, comprised of unarmed officers.
The defense team vehemently objected to the admission of all exhibits tendered by the prosecution, citing the following grounds violation of privacy, contravening Article 22 of the Transitional Constitution of the Republic of South Sudan.
The defense also argued the mobile devices were seized without a search warrant duly issued by the Public Prosecution Service and a competent court. It also cited failure to adhere to established search protocols, in violation of Articles 107 and 108 of the Criminal Procedure Act, 2008.
In today’s session, the prosecution is expected to tender its final exhibit after which the defense will be given time to provide an official response.
“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 Machar’s spokesperson Puok Both Baluang.
He further called for the “immediate and unconditional release” of Machar and all SPLM/A-IO detainees, based on the “jurisdictional incompetence and unlawfulness of the sham court.”