Defense lawyers on Wednesday challenged the authentication timeline of a re-submitted digital forensic report in the case of suspended First Vice President Dr. Riek Machar and seven co-accused, telling the special court that discrepancies in certification dates raise questions about the prosecution’s evidence.
A digital forensic expert from South Africa re-submitted the digital forensic report today after judges previously deferred the filing due to disorganization and inconsistencies in the prosecution’s documents.
The special court had earlier deferred files submitted by the prosecution because they were improperly organized, had missing pagination or lacked clear referencing, making it difficult for the court and the defense team to follow the evidence presented.
Judges allowed the prosecution’s final witness, digital forensic expert Ratlhogo Peter Calvin Rafadi, to re-submit exhibits, including the digital analysis report, to ensure clarity and accuracy in the proceedings.
Ajo Ony’Ohissa, the lead member of the prosecution team, expressed regret to the court over the earlier disorganization, saying the documents 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,” Ohissa said.
The report contains a letter from the Ministry of Justice requesting mutual legal assistance for forensic digital analysis from South Africa, as well as a letter to the Ambassador of South Sudan in South Africa inquiring about hiring a private expert for digital forensic services.
It also includes another letter from the Ministry of Justice requesting mutual legal assistance on digital forensic services, a letter from the Ministry of Foreign Affairs concerning the de-couriering process, and a letter from the South Sudan Embassy in Pretoria regarding a diplomatic bag.
Certification of authentication was issued on Sept. 1, 2025, by a notary public. A certificate of signature was issued on Sept. 2, 2025, by the registrar of the High Court in Pretoria.
Another certificate of authentication was issued on Sept. 5, 2025, by South Africa’s Department of International Relations and Cooperation. A certificate of authentication was also issued on Sept. 5, 2025, by the South Sudan Embassy in Pretoria, and another on Sept. 11, 2025, by South Sudan’s Ministry of Foreign Affairs.
The filing also contains a digital report concerning seven accused individuals and their alleged involvement in the Nasir incident.
Deng John Deng, a member of the defense team, objected to prosecution document number 9-H, which includes the digital forensic report, citing discrepancies in the dates of authentication.
“The main report, which comprises 28 pages, was prepared by the expert on August 16, 2025, and the Ministry of Justice received the report on August 26, 2025, and forwarded the report on the same day to the director of public prosecution and the chairperson of the investigative committee on the Nasir incident,” Deng said.
He said the initial certificate of authentication was issued by a notary public on Sept. 1, 2025 — the same date the special court was established.
“The certificates of signatures to the report were issued by the registrar of the High Court in Pretoria on September 2, 2025, which means the certificate was issued two days later after establishment of the case number 1533,” he said.
“The certificate of authentication issued by the Department of International Relations and Cooperation of South Africa was issued on September 5, 2025, which means it was issued four days after the report and the case reached the honorable court,” Deng added.
He said authentication by the South Sudan Embassy in Pretoria also took place on Sept. 5, 2025, four days after the report and case reached the court.
“The Ministry of Foreign Affairs and International Cooperation of South Sudan authenticated the report on September 11, 2025, which means ten days after the report and the case reached this honorable court,” Deng said.
He added that the report lacks authentication from the Embassy of the Republic of South Africa in Juba.
Presiding judge James Alala Deng adjourned the session to Friday, Feb. 27, 2025, when the prosecution is expected to respond to the defense’s objection.
Machar, 73, and his co-accused face charges including murder, conspiracy, terrorism, treason, destruction of public property and crimes against humanity. Machar is under house arrest, while the others are held at National Security Service detention centers in Juba.
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.
Prosecutors allege that SPLA-IO forces allied with the White Army killed 257 South Sudan People’s Defense Forces soldiers, including commander Gen. David Majur Dak, and destroyed or seized military equipment valued at about $58 million during an attack on the Nasir garrison in March 2025.