The High Court in Juba on Friday threw out a police officer who said he had a letter from the national interior ministry authorizing him to represent the government in the court proceedings against self-styled prophet Abraham Chol.
Chol was arrested in July last year after uttering statements to the effect that President Salva Kiir and First Vice President Dr. Riek Machar would be kicked out of office by or on Independence Day 9 July 2021.
The session on Friday was set for the cross-examination of the complainant who is a police captain from the ministry of interior and was duly authorized by the Inspector General of Police (IGP) to represent the government in the case the latter brought against Chol and four others.
The hearing was deferred for 20 minutes for the prosecution and defense teams to consult on the matter and on resumption, the judges’ panel decided that the hearing be postponed to Thursday next week when the prosecution team brings a clear authorization letter from the interior ministry.
Deng John Deng, the lead defense counsel of Abraham Chol, said they asked the court to reject the interior ministry letter because it was not clear.
“In the law we want everything to be clear and as you are authorized by the government to represent them in any particular case, you need to bring a clear authorization showing that Mr. X is authorized to appear before the courts,” he said. “We as the defense rejected the authorization (letter) that was issued by the office of the IGP as the IGP is not authorized by the law in offenses that is against the government as it mentioned under section 5 and section 6 of the South Sudan penal code Act 2008.”
“The prosecution’s reply to our application was that the complainant should proceed with the procedures of hearing of statement in the case diary and at the end of the session the court ruled that out,” he added.
Deng said that the court will determine how to proceed in the next hearing after the prosecution team brings clear authorization on who will represent the government.
The general prosecutor, Majur Deng Alor, indicted Chol on accusations of forming a group and instigating a conspiracy to topple the government under sections 66, 74, 7, 76, 201, and 202 of the Penal Code Act 2008.
The sections deal with subverting a constitutional government, causing disaffection among the police or defense forces, publishing or communicating false statements prejudicial to Southern Sudan, and undermining the authority of and or insulting the president.