By Yiep Joseph
Defence lawyers for Dr. Riek Machar and his co-accused have intensified their challenge against the prosecution’s digital evidence as cross-examination of a forensic expert continues.
The 65th session yesterday witnessed more questions surrounding the credibility, interpretation, and reliability of electronic data presented before the court by the digital expert.
During the session, defense lawyer Anis Tombe Augustino focused on dismantling key aspects of the prosecution’s claims, particularly those linked to alleged WhatsApp communications involving the third accused, Gatwech Lam Puoch.
The digital forensic expert Ratlhogo Peter Calvin Rafadi told the court that the messages, extracted from a WhatsApp group chat, were not directly sent by Gatwech Lam Puoch, though he acknowledged that the accused was an active member of the group.
He added under questioning that the message in dispute was not directly sent by Gatwech Lam, despite being retrieved from a group chat in which he was a participant.
This admission has provided the defense with grounds to question the strength of the evidence. The defense lawyer argued that mere presence in a WhatsApp group does not amount to authorship or endorsement of messages shared within it.
They further pressed the expert to clarify whether any direct communication could be established between Gatwech Lam and other individuals allegedly involved in planning attacks, but no such link was confirmed.
The expert acknowledged that most participants could not be identified, as their phone numbers were not saved under recognizable names.
At the center of the dispute is a message interpreted by the prosecution as evidence of mobilization for conflict.
However, the expert distanced himself from that conclusion, indicating that he did not agree with the interpretation that the message directly implicated Gatwech Lam.
After hours of questions and answers, the presiding judge, Dr. James Alala Deng, adjourned the hearing to Friday, April 10, 2026, to allow the defense to continue the cross-examination.
Dr. Machar and his co-accused face charges including murder, conspiracy, terrorism, treason, destruction of public property, and crimes against humanity.
Machar remains under house arrest, while the other suspects are being held at facilities run by the National Security Service in Juba.
The co-defendants are Puot Kang Chuol, Mam Pal Dhuor, Gatwech Lam Puoch, Gabriel Duop Lam, Camilo Gatmai Kel, Mading Yak Riek, and Dominic Gatgok Riek.
Prosecutors allege that forces linked to the opposition Sudan People’s Liberation Army in Opposition, together with the White Army militia, killed 257 soldiers from the South Sudan People’s Defense Forces, including commander David Majur Dak, and destroyed or seized military equipment worth about $58 million during an attack on the Nasir garrison in March 2025.