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Court admits digital evidence in Machar case

South Sudan's suspended First Vice President Dr. Riek Machar

The special court trying suspended First Vice President Dr. Riek Machar on Monday admitted a contested digital forensic report into evidence, dismissing defense objections over discrepancies in the document’s certification dates.

Defense lawyers last week questioned the dates attached to the prosecution report, arguing that inconsistencies raised concerns about the integrity of the evidence.

The report was re-submitted by a digital forensic expert from South Africa after judges earlier deferred prosecution filings, citing disorganization, missing pagination and unclear references that made it difficult for the court and defense to follow the material.

At the 56th session of the trial in Juba, Judge Stephen Simon Isaac, a member of the three-judge panel, said the court had subjected the document to “careful and serious” consideration before formally marking it as Prosecution Exhibit 9-H.

“The court subjected the document to careful and serious weighting of evidence. The document has been marked formally prosecution document number 9-H,” Simon said in the ruling.

Presiding Judge James Alala Deng then asked the defense whether it was ready to proceed with cross-examination of the digital forensic expert or required additional time.

Kur Lual Kur, Machar’s defense lawyer, requested seven days to review the document before questioning the expert.

“We request the court to adjourn the session to Monday, March 9, 2026, for us to study the document to cross-examine the expert,” Kur said.

Prosecutor Ajo Onyo’Ohisa Issa opposed the request, arguing that granting a week’s adjournment would delay proceedings unnecessarily. He said the court had already facilitated the defense by ensuring copies of the prosecution documents were made available.

Issa also noted that the expert had testified while the report was displayed in court and said prolonging the session would increase costs, as the witness had been in the country for about a month and had other commitments, including medical considerations.

After hearing both sides, Deng adjourned the trial until Friday, March 6, 2026, to allow the defense time to prepare for cross-examination.

Machar, 73, and seven co-defendants face charges including murder, conspiracy, terrorism, treason, destruction of public property and crimes against humanity. Machar is under house arrest, while the others are being held at National Security Service facilities in Juba.

The co-defendants are Puot Kang Chuol, 40; Mam Pal Dhuor, 37; Gatwech Lam Puoch, 66; Lt. Gen. Gabriel Duop Lam, 53; 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 worth about $58 million during an attack on the Nasir garrison in March 2025.