Defense lawyers in the trial of suspended First Vice President Dr. Riek Machar and seven co-accused on Wednesday questioned the authentication timeline of a re-submitted digital forensic report, telling the special court that discrepancies in certification dates cast doubt on the prosecution’s evidence integrity.
The South African digital forensic expert Ratlhogo Peter Calvin Rafadi re-submitted the report and supporting exhibits during Wednesday’s session after judges previously deferred filing due to disorganization, missing pagination, and unclear referencing in the prosecution’s documents.
Ajo Ony’Ohisa, lead prosecutor, apologized to the court for the earlier chaos, explaining that the files had passed through many hands.
“We want to apologize because these documents went in the hands of so many people; that is why they are disorganized,” Ony’Ohisa said.
The re-submitted package includes letters from the Ministry of Justice requesting mutual legal assistance for digital forensic analysis from South Africa, correspondence with the South Sudanese Ambassador in Pretoria regarding private expert services, de-couriering documents, and details of a diplomatic bag from the Pretoria embassy.
Authentication certificates bear the following dates:
- Notary public certification: September 1, 2025
- High Court registrar certificate of signature: September 2, 2025
- South Africa’s Department of International Relations and Cooperation authentication: September 5, 2025
- South Sudan Embassy in Pretoria authentication: September 5, 2025
- South Sudan Ministry of Foreign Affairs authentication: September 11, 2025
Deng John Deng, a member of the defense team, objected to prosecution document 9-H (the digital forensic report), highlighting the timeline anomalies.
“The main report, which comprises 28 pages, was prepared by the expert on August 16, 2025, and the Ministry of Justice received it on August 26, 2025, forwarding it the same day to the director of public prosecution and the chairperson of the investigative committee on the Nasir incident,” Deng told the court.
He pointed out that the first notary public authentication occurred on September 1, 2025—the same day the special court was established and case number 1533 assigned.
“The certificates of signatures were issued by the registrar of the High Court in Pretoria on September 2, 2025—two days after the case was established,” Deng said.
“Subsequent authentications by DIRCO and the South Sudan Embassy in Pretoria occurred on September 5, four days after the report reached the court, and the Ministry of Foreign Affairs authenticated on September 11—ten days later.”
Deng further noted the absence of authentication from the Embassy of South Africa in Juba.
Presiding Judge James Alala Deng adjourned proceedings to Friday, February 27, 2026, to allow the prosecution to respond to the defense objection.
Machar, 73, remains under house arrest, while his co-accused are detained at National Security Service facilities in Juba.
They face charges of murder, conspiracy, terrorism, treason, destruction of public property, and crimes against humanity.
Prosecutors allege SPLA-IO forces, allied with the White Army, killed 257 SSPDF soldiers—including commander Gen. David Majur Dak—and destroyed or seized equipment worth approximately $58 million during the March 2025 Nasir garrison attack.
The defendants are; Puot Kang Chuol, 40, Mam Pal Dhuor, 37, Gatwech Lam Puoch, 66, Lt. Gen. Gabriel Duop Lam, 53, Riek Machar Teny, 73, Camilo Gatmai Kel, 47, Mading Yak Riek, 45 and Dominic Gatgok Riek, 27.
