By Yiep Joseph
Lawyers representing suspended First Vice President Riek Machar and other co-accused on Wednesday formally challenged the admissibility of a digital forensic report presented by the prosecution before the Special Court.
The objection was raised during the 54th court session after prosecutors sought to have the main forensic findings marked as Prosecution Document (PD) 9h.
South African digital expert Ratlhogo Peter Calvin Rafadi had earlier presented Prosecution Document Nine, parts of which were admitted into evidence.
However, the defense opposed the admission of section “h,” which contains the principal digital forensic report.
Advocate Deng John, appearing for Dr. Machar and seven co-accused, outlined several procedural and authentication concerns.
He told the court that the forensic report was prepared on August 15, 2025, and first authenticated by a South African notary on September 1, the same date the Special Court was established.
He further argued that a certificate from the High Court of Pretoria was issued on September 2, after the matter had already come before the Special Court.
According to the defense, additional authentication by South Africa’s Department of International Relations was completed on September 5, followed the same day by authentication from the Embassy of South Sudan in Pretoria.
Deng also stated that the Ministry of Foreign Affairs and International Cooperation in South Sudan authenticated the report on September 11, 2025, just 11 days after the case had reached the court.
In addition, he contended that the report lacked authentication from the Embassy of South Africa in Juba.
“Therefore, we object to Prosecution Document No. 9h and request that it not be marked as such for the reasons mentioned above,” Deng told the court.
The Presiding Judge Dr. James Alala Deng adjourned the matter to February 27, 2026, when the prosecution is expected to respond to the defence’s objections.
The prosecution relies on the contested forensic report to link Machar and his co-accused to a March 2025 attack on a South Sudan People’s Defence Forces garrison in Nasir County.
The attack allegedly resulted in the deaths of 257 soldiers and the destruction of military equipment valued at approximately $58 million.
Machar and the other accused face charges including treason, murder, terrorism, and destruction of public property.