The special court set up in Juba to try four SPLM leaders for treason has declined to consider charges against another seven ex-detainees whom the prosecution requested appear before the court.

After the prosecutor James Mayen failed to bring the seven accused before the court, owing to their absence from the country, the president of the court rejected the request to consider their case and ruled that those cases should be separated from those of the ‘four’.

These four are Oyai Deng, Ezekiel Gatkuoth, Pagan Amum and Majak d’Agoot. They appeared in court in Juba today after an adjournment of over a week. The other seven were released in late January according to the request of the IGAD peace mediators.

“Since the prosecution cannot be able to bring the seven suspects and in order not to delay justice against the four accused persons who are pres`ent now, this court is of opinion to separate the criminal procedure against the seven suspects who were in Kenya – this is in accord with section 187 read together with 247 of the criminal produce Act 2008,” the court said.

During the first session of the trial on 12 March, the lead prosecutor requested the court to summon the seven political detainees released on bail under the custody of the Kenyan government in order to answer for their alleged attempt to overthrow Kiir’s government.

The court said the legal procedures were not followed when the seven political detainees were released. The accused were released on bail without following the procedures of Criminal Act 2008, section 124, page 175, the court observed.

South Sudanese Minister of Justice Paulino Wanawilla said that six of the seven being released would remain on bail. They would be handed over to a neighboring state and could still face trial in South Sudan if further investigations linked them to the alleged coup.

“It is not that we refused to bring the seven, but the Ministry of Foreign Affairs and international cooperation said they will convey the matter to Kenya through the diplomatic channels,” James Mayen, the lead prosecutor added. 

He furthermore emphasized that in order for justice to be served the accused seven persons taken to Kenya should be brought before the law in Juba.

Monyluak Alor, the defense lawyer, said they have rejected the request in regards to the other accused seven to be tried jointly. The court should set aside the application of the seven accused, he said, lamenting that the prosecutor wanted to use the matter to their own end.

“We request the court to set aside the application of the accused and proceed with the trial,” Alor said.

Alor further added that, the prosecution has raised uniform charges against all accused including the four that are present, and given the fact that, the other accused were given an unclear bail status.

“We are of the opinion that, the prosecution has committed a very critical technical mistake in contravention of our bill of rules and proceeds,” said the defense lawyer.

The trial is expected to continue with more testimony of witnesses who will speak about the events of 15 December. 

Photo: James Mayen, lead prosecutor of the government