JUBA – A co-accused in the ongoing trial of suspended First Vice President Dr Riek Machar has asked the Special Court to exclude a digital forensic report presented by the prosecution, arguing that the evidence lacks authenticity and should not be relied upon in the criminal proceedings.
Gatwech Lam Puoch, a member of parliament representing Nasir County and one of seven co-accused in the case, requested the presentation of his last defence statement during the 96th session on Wednesday.
Gatwech argued that the digital forensic report, which contains WhatsApp messages and other data extracted from his mobile devices, fails to meet the legal standards for admissibility because its authenticity and integrity have not been sufficiently established.
Gatwech further argued that the report contains inconsistencies and lacks a proper chain of custody, raising doubts about its reliability as evidence before the court.
“I respectfully pray that this honourable special court should exclude the digital forensic report from evidence because of its lack of technical reliability, authenticity, and legal admissibility,” he said.
Gatwech also asked the court to dismiss the criminal case against him, arguing that prosecutors have failed to present sufficient and credible evidence linking him to the charges.
“I respectfully pray that this honourable special court dismiss the criminal complaint against me for failure to disclose any offence to affirm my entitlement to parliamentary immunity regarding the statement complained of,” he said.
Gatwech argued that the prosecution lacked direct evidence and failed to establish his ownership or control of the alleged communications extracted from his phone by the digital forensic expert.
“There is a contradiction in the digital forensic report and constitutional protection accorded to parliamentary speech that made the allegations against me incapable of establishing criminal liability,” he said.
“Criminal responsibility must be proven through clear, credible and convincing evidence; suspicion, speculation and assumption can’t have satisfied that burden.”
He argued that his role in the Nasir crisis predated the March 2025 incident, contradicting the prosecution’s account.
“My involvement in matters concerning Nasir predates those incidents, and throughout the period of my role in the parliament, I have been consistently promoting peace, dialogue, and stability,” he said.
“At no time have I supported or encouraged violence against the people of South Sudan; on the contrary, I have always advocated for peaceful co-existence, reconciliation, and lasting peace in Nasir and throughout South Sudan.”
The court adjourned the session to July 17, 2026, when Lam is expected to be examined by judges.
The trial, which has drawn significant national attention due to the high-profile nature of the accused, is being presided over by Judge James Alala Deng, alongside Justices Stephen Simon and Isaac Pur Majok.
The prosecution team comprises 13 lawyers drawn from the Ministry of Justice and other legal institutions, including Counsel General Deng Achuil Adija, Dr Sabri Wani Lado, Serafino Simon Mizan, and Filberto Mayuot Mareng.
On the defence side, six lawyers are representing the accused, including Dr Geri Raymond Legge, Kur Lual Kur, and Anis Tombe Augustino.
Investigations into the case are being led by Major General Basile Thomas Wani, assisted by Brigadier General John Dak, while Captain Richard Gachi Apollo of the Internal Security Service is listed as the complainant.
Those standing trial alongside Machar include Puot Kang Chuol, Mam Pal Dhuor, Gatwech Lam Puoch, Lt. Gen. Gabriel Duop Lam, Camilo Gatmai Kel, Mading Yak Riek, and Dominic Gatgok Riek.
As proceedings continue, the court is expected to further examine the credibility and implications of digital forensic evidence in establishing alleged links between political figures and armed groups.
