Machar’s defence rejects forensic report, cites lack of jurisdiction

JUBA—The defence team of suspended First Vice President Dr Riek Machar and seven co-defendants on Monday rejected a forensic report presented before the Special Court in Juba, arguing that the expert lacked proper jurisdiction to conduct and submit the analysis.

This follows the submission of a report on the digital and forensic investigation by South African digital forensic expert Ratlhogo Peter Calvin Rafadi before the court.

The report on digital and forensic investigation includes six attachments.

These attachments consist of the NCA request for forensic support from South Africa, labelled as prosecution document 9-A, and a request letter from the Ministry of Foreign Affairs for mutual legal assistance regarding digital forensic services, labelled document 9-B.

A letter from the Ministry of Foreign Affairs to the South Sudan Head of Mission in South Africa, regarding the possibility of engaging private forensic expert services, identified as document 9-C.

Additionally, the attachments include a request letter from the Ministry of Justice for mutual legal assistance on forensic digital analysis from South Africa, labelled document 9-D; a letter from the Ministry of Foreign Affairs designated as Letter D-Courier, identified as document 9-E; and the diplomatic bag of the Embassy of South Sudan in South Africa, labelled as document 9-F.

During the 52nd session in Juba on Monday, Machar’s lawyers objected to the digital forensic report, citing that the expert lacks jurisdiction in court.

“Currently, the expert before the court lacks jurisdiction as to subject matter, and hence what has been done by the expert is null and void, which means without legal effect on the court,” Dr Geri said.

He stated that the defence opposed the court’s marking of the document as prosecution document 9-E, referencing the South African Cybercrime Act of 2020, and asserted that all presented materials are null and void.

Ajo Ony’Ohisa, the lead member of the prosecution team, described the defence’s objection as misplaced, premature, and misleading to the court.

“The objection raised by our learned colleagues in defence is misplaced, premature, and misleading to the court. The document issued is original and not forged, and there is no challenge to its form by the defence,” Ohisa said.

The court adjourned the hearing to Friday, February 20, 2026, when a digital forensic expert is anticipated to be cross-examined by the defence team.

Machar, 72, and the others face serious allegations, including treason, crimes against humanity, mass murder, terrorism, and destruction of property.

These charges stem from a March 2025 assault on an army base in Nasir, which resulted in the deaths of Majur and dozens of soldiers.

The court consists of a panel of three judges: James Alala (Presiding Judge), Stephen Simon Isaac, and Pur Majok.

The Public Prosecution team consists of 13 prosecutors, including Counsel General of the Ministry of Justice Deng Achuil Adija, Counsel General of the Ministry of Justice Dr Sabri Wani Lado, Serafino Simon Mizan, and Filberto Mayuot Mareng.

Other members include Advocate Ajo Onyo Issa, Advocate Gabriel Mading Apach, Judge Advocate Deng Mabior Deng, Ustaz Philip Anyang Ngong, Advocate Ajak Mayol Bior, Advocate Martha Jobet Jermaiha, James Bone Michael, Advocate Peter Garang, and Counsel Butrouse Yai Adhiew.

The defence team for Dr Machar and the other accused is composed of six lawyers: Dr Geri Raimondu Lege, Attorney Kur Lual Kur, Attorney Anis Tombe Augustino, Attorney Deng John Deng, Attorney Warnyang Kiir Warnyang, and Attorney Regina Akeriaw Deng.

The case also involves investigators supporting the prosecution, including Brigadier General John Dak and Major General Basile Thomas Wani, the lead investigator.

Captain Richard Gachi Apollo, a legal captain from the Internal Security Service, is a complainant.

The eight defendants include 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.