Africa-Press – South-Sudan. The Special Court is set to rule on Wednesday on an appeal by the defence team seeking to dismiss a digital forensic report presented by a South African expert in the trial of Riek Machar and seven others over the Nasir incident.
The announcement was made this morning during the 54th session, which was adjourned.
The appeal challenges the legality of the prosecution’s expert report and Prosecution Document 9F, which includes the digital forensic report and materials transported through diplomatic channels.
The court will decide whether the contested documents will be admitted as evidence or excluded from the case file.
Last week, the court adjourned its 53rd session to give tribunal members more time to study the defence’s objections.
Presiding Judge Dr. James Alala said some members had been unwell and had not fully reviewed the legal provisions cited by the defence, including Articles 42 to 52 of South Africa’s Cybercrimes Act 2020.
During the previous session, the defence asked the court to declare the digital forensic report null and void.
On Monday, they also objected to the admission of a diplomatic bag used to transport electronic devices to South Africa, which the prosecution seeks to mark as Prosecution Document 9F.
The defence argues the evidence is invalid under the Cybercrimes Act and that the South African digital forensic expert lacked jurisdiction to produce the report.
The forensic report reportedly includes six supporting documents, such as requests for forensic assistance from South Africa, letters from the Ministries of Justice and Foreign Affairs, and correspondence sent through diplomatic channels.
Prosecutors maintain that the forensic report is central to their case.
They allege that Dr. Machar and his co-accused organized the March 2025 attack on an SSPDF garrison in Nasir County, Upper Nile State, which resulted in the deaths of 257 soldiers and the destruction or seizure of military equipment valued at approximately 58 million US dollars.
Dr. Machar and the seven co-accused face charges including treason and murder. He denies the charges, describing the trial as politically motivated.
Meanwhile, the court also ruled on a separate petition filed on February 2 by Dr. Machar’s lawyers, who accused security officers of subjecting the accused to degrading treatment.
The allegations included intrusive searches, removal of undergarments, preventing the accused from wearing suits in court, and confiscating personal notebooks.
The court directed the National Security Service to follow lawful detention procedures and respect the constitutional rights of the accused.
It ordered that notebooks be returned to allow note-taking during court sessions.
Judges further ruled that security searches at the entrance and exit of the courtroom are legal, but must be conducted in a dignified and respectful manner.
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