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JUBA - 12 Mar 2014

SPLM seven asked to appear before treason court

The seven SPLM politicians released in January have been asked to appear before the special court in Juba where four men are on trial for allegedly masterminding a coup d’etat.

Pag’an Amum, former SPLM secretary-general, is the most prominent defendant on trial, alongside ex-deputy defense minister Majak d’Agoot, former army chief of staff Oyai Deng, and diplomat Ezekiel Gatkuoth.

At the second day of the treason trial today at the judiciary premises near Juba Teaching Hospital, the prosecution requested that the seven other political detainees who were released to Kenya ‘on bail’ return to give testimony.

Judge James Alala Deng, the president of the court, agreed to adjourn the trial for one week until 19 March in order to allow the seven time to return to Juba.

The seven bailed former political prisoners are Deng Alor, Gier Chuang, Kosti Manibe, John Luk, Cirino Hiteng, Madut Biar and Chol Tong.

They were released in late January to the custody of the Kenyan government on the grounds that there was insufficient evidence to prosecute them while their safety could no longer be guaranteed in South Sudan, according to the justice minister.

“We don’t have enough evidence to prosecute them, we are going to make a conditioned release for them on bail,” said Minister of Justice Paulino Wanawilla Onango on 28 January.

Evidence

Prosecutor James Mayen today related charges of high treason against the detainees, while the defence Monyluak Alor Kur and Kur Lual Kur denied the charges made by the prosecutor and said the defendands are innocent.

Among those appearing before the court today was Major General Jackson Elia, a government investigator. He cited as evidence against the four accused a press release and recording of a telephone conversation between Oyai Deng and Taban Deng.

The recording purports to be about the breaking of the armory on the night of 15 December. Taban Deng, who is described by the prosecution as the operational commander of the insurrection, is said to describe in the call events ongoing within the presidential guards unit.

In cross-examination, the defense lawyer Monyluak Alor asked the investigator whether there was any organized plan to seize power by military force, questioning the narrative of the prosecution.

Another defense lawyer Kur Lual demanded to know how the government had obtained the recording of the phone conversation between the two accused.

“The person who recorded that was who?” he demanded. “Do you know his name or you don’t know his name?”

The investigator moved that this was a state secret but the judge told him there is nothing secret before the court. It appeared that the defense lawyer intended to question the permissibility of this evidence before the court. 

For her part, the wife of Pag’an Amum, Suzie Amum, told Radio Tamazuj she was satisfied with the way the court hearings have gone until now, but declined to comment on any details of the proceedings. She said that the families of the accused have been allowed in the courtroom. 

Photo: The accused on the first day of the proceedings, 11 March 2014 (Radio Tamazuj)

Related coverage:

Prosecution in Amum case ask for secret trial (11 March)

Treason trial opens in South Sudan capital (11 March)

Factbox: Understanding the detainees question in South Sudan (29 Jan.)