JUBA – The Special Court hearing the case against eight SPLM/A-IO officials held and adjourned the 16th session on Friday, as the lead investigator admitted that some of the accused persons were arrested without due procedures.
The session began with the prosecution and defense confirming their presence, except for the 4th and 6th accused, who are absent because of ill health.
Defense lawyer Deng John Deng questions lead investigator Maj. Gen. Basilo Thomas Wani on whether administrative and legal procedures were followed during the arrest of some of the accused.
The defense also challenged the investigator to prove how some of the accused directly contributed to the Nasir incident.
Wani is asked to explain the misleading information that the 1st accused is charged with. He said Puot Kang said during a radio talk-show that the forces that were going to Nasir were not from the Necessary Unified Forces (NUF), but comprised of militia groups including Agwelek and Abushok.
Defense lawyer Deng John asks Wani if he agrees that the radio talk-show was about assessment of peace agreement violations and that it involved other peace parties including cabinet minister Dr. Martin Elia Lomuro and other officials. He says he does not agree.
Wani is asked if the full audio of the talk show was reviewed by the media regulator, Media Authority, to determine if it broke any law. He says the audio was reviewed by the National Communication Authority.
Wani is asked if he agrees that the 1st, 2nd, 3rd, and 4th accused were arrested before the case was opened and that the 3rd accused who is a lawmaker had his immunity lifted only five months after his arrest.
Wani says he agrees that the 1st, 2nd, and 3rd were arrested without due process but disputed the 4th accused, who is the former deputy chief of defense forces, on grounds that the CDF had issued a verbal order for his arrest.
The presiding Judge James Alala Deng then adjourned the sitting to Monday, 3rd November.
Meanwhile, the defense team resubmitted several applications including for copies of the evidence, medical leave for the accused, and translators for some of the accused. The applications were previously returned for correction.