On Wednesday during the 54th session, the defence challenged the digital forensic report submitted by an expert, stating the documents were authenticated on September 1, 2, 4, 5, and 11, 2025, after the establishment of the Special Court, and that the documents did not have authentication from the South African embassy in Juba.
During the 55th session on Friday, James Alala Deng postponed the session to Monday, March 2, to give the three judges time to evaluate the arguments before making a decision on the admission of the digital forensic report into evidence.
In response to objections raised by defence lawyers in a previous session, Ajo Ony’Ohissa, the lead member of the prosecution team, said the Special Court only became operational on Sept. 22, 2025, when both parties were formally served with the court’s establishment order.
“In all these observations by the defence, they make no mention as to any law that has been breached,” Ohissa said.
Ohissa stated that the authentication process for the report was finalised before that date.
“The special court held its initial session on September 22, 2025, during which both the defence and prosecution received the establishment order of the court.”
He also argued that the documents were certified according to the Evidence Act of 2006, stating that South Sudanese law does not require authentication by the South African embassy in Juba.
He noted that before receiving this order, neither party was aware of the existence of this special court.
“The authentications were all done before 22 September 2025, when this court was established, and we were all served with the order of establishment. In our law, there is nothing that these dates mentioned contravene.”
The three-judge panel hearing the case comprises Presiding Judge James Alala Deng, alongside Judges Stephen Simon Isaac and Pur Majok. The prosecution team includes 13 lawyers drawn from the Ministry of Justice and other legal offices.
Among them are Counsel General Deng Achuil Adija, Dr Sabri Wani Lado, Serafino Simon Mizan, and Filberto Mayuot Mareng.
They are supported by several 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 is composed of six lawyers: Dr Geri Raimondu Lege, Kur Lual Kur, Anis Tombe Augustino, Deng John Deng, Warnyang Kiir Warnyang, and Regina Akeriaw Deng.
Investigators assisting the prosecution include Brigadier General John Dak and Major General Basile Thomas Wani, who is serving as lead investigator. Captain Richard Gachi Apollo of the Internal Security Service is listed as the complainant in the case.
The eight defendants 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.
