South Sudan's English Daily Newspaper
"We Dare where others fear"
By Awan Achiek
The legal team representing the suspended First Vice President formally filed a petition on Monday challenging the legality of the special court assigned to try the leader of the main armed opposition, the Sudan People’s Liberation Movement-in-Opposition (SPLM-IO).
Dr. Machar and seven other senior members of the SPLM-IO appeared for the first time before the Special Court in Juba on Monday.
They are facing charges including murder, treason, conspiracy, financing terrorist acts, acts against state authorities, and crimes against humanity.
It was the first time Machar, who has been under house arrest since March, had been seen in public.
Machar and his co-accused are defended by Dr. Geri Raimondo Legge, Attorney Kur Lual Kur, Attorney Anis Tombe Augustino, Attorney Deng John Deng, Attorney Warnyang Kiir Warnyang, and Attorney Regina Deng.
Machar’s lead defence, Dr. Geri Raimondo Legge, contested the court’s legitimacy, arguing it lacks both competency and jurisdiction to hear the case against Machar.
“H.E. Riek Machar Teny Dhurgon, First Vice President of the Republic, shouldn’t be tried by this incompetent court, which lacks jurisdiction,” Raimondo said during court proceedings in Juba on Monday.
He stated that the constitution necessitates the lifting of FVP Machar’s immunity before he can appear in court to address the charges against him.
“First and foremost, Article 103, Clause 2 of the Constitution, pertaining to the immunity and impeachment of His Excellency the President of the Republic of South Sudan, in case of impeachment, and the same provisions apply to His Excellency the First Vice President, Dr. Riek Machar Teny, plus the other four vice presidents.”
He stated that this special court is not intended for individuals like Machar, who is subject to the 2018 peace agreement.
“We submit this preliminary legal objection to this Honorable Special Court, challenging the jurisdiction and competency of this Special Court to try the above accused persons on the grounds of a revitalised agreement on the resolution of the conflict in the Republic of South Sudan,” he said.
For his part, Advocate Ajo Ohisa, a member of the prosecution team, dismissed the defence’s petition, arguing that the special court does have jurisdiction to try Machar.
“Article 126, Clause 3 of the 2011 constitution, as amended, provides for the paneling of the special court; in cases of criminal matters, there shall be a panel of three, and when they sit as a constitutional panel, there shall be at least nine justices, with the chief justice presiding,” Ohisa said.
Presiding Judge James Alala Deng granted the defence request that all responses from the prosecution be provided in writing.
The three-judge panel, which also includes Judge Stephen Simon and Judge Isaac Pur Majak, will review the submissions before deciding how to proceed.
The prosecution team, led by the Counsel General of the Ministry of Justice, Deng Achuil Adija, includes twelve other attorneys: Counsel General Dr. Sabri Wani Lado, Serafino Simon, Filberto Mayuot, Advocate Ajo Issa, Advocate Gabriel Mading Apach, Judge Advocate Deng Mabior Deng, Philip Anyang Ngong, Advocate Ajak Mayol Bior, Advocate Martha Jeramiah, James Michael, Advocate Peter Garang, and Counsel Butrus Yai Adhieu.
