Defendant raises procedural challenges as Special Court adjourns to Friday

The Special Court in Juba on Wednesday adjourned proceedings until Friday after hearing a procedural challenge from a defendant who questioned the legality of his arrest and prosecution. The challenge was raised by the third defendant, Gatwech Lam Puoch, during the 89th session of the high-profile trial involving suspended First Vice President Dr. Riek Machar and seven other co-defendants. The session opened with attendance checks for both the prosecution and defense teams. The court noted that the seventh defendant was absent due to health issues. Presenting his defense, Gatwech argued that his arrest by the National Security Service on March 25, 2025, bypassed established legal procedures. He cited Article 54, paragraphs one and two of the Transitional Constitution, which requires authorities to bring a detainee before a court within 24 hours. Gatwech claimed he was arrested without a warrant while walking on the street, and that no police report or formal charges existed prior to his detention. Gatwech further detailed a timeline of what he described as procedural violations of his personal privileges under South Sudanese law. He stated that investigative procedures only commenced on April 17, 2025—nearly a month after his arrest—and that Parliament did not lift his legislative immunity until August 26, 2025. Gatwech who is the third accused in Nasir trial case was subsequently brought before the Special Court on September 21, 2025. He argued that the Speaker of Parliament had not requested the lifting of his immunity prior to his initial arrest, rendering the entire sequence a procedural error. To support his argument, the defendant cited a passage from the legal text Principles of Criminal Investigation (1996), authored by Judge James Alala Deng, which states that a plea of lack of authorization to initiate criminal proceedings is a matter of public order and may be raised at any stage during an investigation or trial. Gatwech denied all charges against him, stating he committed no crimes, did not cooperate with or support foreign forces, did not provide weapons, did not call for foreign intervention, and was not involved in money laundering. The prosecution team rejected the defense’s arguments, maintaining that the case remains valid. The presiding judge adjourned the trial until Friday, June 19, 2026, to continue hearing testimony from the third defendant. The post Defendant raises procedural challenges as Special Court adjourns to Friday appeared first on Eye Radio .