Court admits digital forensic report in Machar trial

JUBA – The Special Court hearing the case against suspended First Vice President Dr Riek Machar and seven co-defendants on Monday admitted a key digital forensic report into evidence, marking a pivotal moment in the ongoing proceedings.

The report, prepared by South African digital forensic expert Ratlhogo Peter Calvin Rafadi, examines electronic data and communications that prosecutors argue are central to the charges before the court. Its formal admission means the document will now form part of the evidentiary record to be scrutinised during the trial.

Judge Stephen Simon Isaac announced that the court had accepted the report as Prosecution Document Number 9-H. He said the decision followed a thorough review by the bench and clarified that the contents of the report would be subject to cross-examination by both the defence and the court.

“The court has admitted the report after careful consideration. Its evidentiary value will be tested during cross-examination,” Judge Simon said.

However, the defence sought more time to examine the prosecution’s submissions. Kur Lual Kur, Machar’s lead counsel, requested a seven-day adjournment to allow the defence team to review the documents in detail.

The prosecution strongly opposed the request. Lead prosecutor Ajo Onyo Ohisa Issa argued that the court had already demonstrated considerable leniency toward the defence and that further delays would be unjustified.

Ohisa noted that the court had taken what he described as an unusual step of providing copies of prosecution documents — including Document Number 9 from sections A to H and their attachments — directly from court records. He contended that this move lacked clear legal grounding and should not be used as a basis for further postponement.

“The expert has been here for one month. The longer he stays, the higher the cost of maintaining him,” Ohisa told the court. “He also has other professional commitments and medical considerations. Adjourning the session until next week would be too long.”

The three-judge panel presiding over the case is led by Presiding Judge James Alala Deng, sitting alongside Judges Stephen Simon Isaac and Pur Majok. The prosecution team comprises 13 lawyers drawn from the Ministry of Justice and other legal offices, reflecting the weight the state has placed on the case.

Senior members of the prosecution include Counsel General Deng Achuil Adija, Dr Sabri Wani Lado, Serafino Simon Mizan, and Filberto Mayuot Mareng.

They are supported by a team of advocates and legal officers, including Ajo Onyo Issa, Gabriel Mading Apach, Deng Mabior Deng, Philip Anyang Ngong, Ajak Mayol Bior, Martha Jobet Jermaiha, James Bone Michael, Peter Garang, and Butrouse Yai Adhiew.

The defence team consists of six lawyers: Dr Geri Raimondu Lege, Kur Lual Kur, Anis Tombe Augustino, Deng John Deng, Warnyang Kiir Warnyang, and Regina Akeriaw Deng.

Investigations supporting the prosecution are being led by Major General Basile Thomas Wani, with assistance from Brigadier General John Dak. Captain Richard Gachi Apollo of the Internal Security Service is listed as the complainant in the case.

The eight accused persons are Puot Kang Chuol, 40; Mam Pal Dhuor, 37; Gatwech Lam Puoch, 66; Lt. Gen. Gabriel Duop Lam, 53; Dr Riek Machar Teny, 73; Camilo Gatmai Kel, 47; Mading Yak Riek, 45; and Dominic Gatgok Riek, 27.

With the digital forensic report now formally part of the court record, attention is expected to shift to the expert’s testimony and cross-examination, which could significantly shape the direction of the high-profile trial.