By Yiep Joseph
The special court trying suspended First Vice President Dr. Riek Machar and seven co-accused has ordered a digital forensic expert to provide hash values of electronic evidence to the defense team as the trial continues.
The ruling was delivered on Wednesday after the court considered two issues raised by defense during recent proceedings.
During the 58th session on Monday, defense lawyers requested the court to allow the digital expert to open the mobile phone belonging to the accused, particularly that of Accused No. 1, in order to review the WhatsApp chats directly from the device.
However, the prosecution objected to the request to open the phone in court, arguing that doing so could interfere with the device’s contents and potentially compromise the chain of custody of the evidence.
Prosecutors also told the court that the defense had not cited any legal provision that would allow the phone of an accused person to be opened during trial proceedings.
The defense argued that they wanted to compare the raw data on the phone with the materials previously extracted and presented in court by the expert.
The defense team also asked the court to direct the expert to hand over the hash values associated with the digital evidence presented.
Hash values are fixed-length outputs produced when data is processed through a hash function and are widely used in digital investigations to verify that electronic evidence has not been altered.
Algorithms such as MD5 and SHA-256 generate these unique digital fingerprints, which help confirm the integrity and authenticity of files.
The defense maintained that reviewing the device would help determine the credibility of the digital expert’s report and ensure the reliability of the evidence presented before the court.
After hearing arguments from both sides, the judges adjourned the session to Wednesday to deliver their ruling.
In its decision during the 59th session, the court dismissed the defense request to open the phones of the accused persons before the court. However, it granted the defense request for access to the hash values.
Presiding judge James Alala Deng directed the digital expert from South Africa to hand over the hash values to the defense team so they can independently review and compare them with the digital evidence already presented.
The court adjourned the hearing until Monday, March 16, when the expert is expected to provide the requested hash values before cross-examination resumes.
Machar and his co-accused face charges including murder, conspiracy, terrorism, treason, destruction of public property and crimes against humanity.
According to prosecutors, forces of the Sudan People’s Liberation Army-In Opposition (SPLA-IO) allied with the White Army allegedly attacked the Nasir Garrison in March 2025, killing 257 soldiers of the South Sudan People’s Defence Forces (SSPDF), including commander David Majur Dak, and destroying or seizing military equipment valued at about $58 million.