Machar Trial: Special Court Rejects Defense Request to Access Seized Phones

A special court in South Sudan has denied the defense team’s request to physically examine the phones of seven co-accused in the high-profile trial of suspended First Vice President Dr. Riek Machar, ruling that such access could compromise evidence integrity.

On Wednesday, March 11, 2026, Presiding Judge James Alala Deng rejected the application, allowing the defense only to review hash values (digital fingerprints verifying data integrity) provided by the prosecution’s forensic expert. Physical access to the devices was barred.

The judge adjourned proceedings until Monday, March 16, 2026, and directed the expert to make the hash values available to the defense by that date.

Defense lawyers had argued that direct examination of the phones was essential to verify the authenticity of extracted messages, photos, and videos cited in the prosecution’s forensic report.

Prosecutors opposed the request, warning that opening the devices risked tampering with evidence and would cause unnecessary delays in the trial.

The ruling follows earlier testimony from South African digital forensic analyst Ratlhogo Peter Calvin Rafadi, who reported challenges accessing some password-protected phones, including one belonging to Machar.

While partial data was recovered, full extraction was limited, prompting defense challenges to the report’s reliability.

Dr. Riek Machar (73) and his eight co-accused—Puot Kang Chuol (40), Mam Pal Dhuor (37), Gatwech Lam Puoch (66), Lt. Gen. Gabriel Duop Lam (53), Riek Machar Teny (73), Camilo Gatmai Kel (47), Mading Yak Riek (45), and Dominic Gatgok Riek (27)—face serious charges including murder, conspiracy, terrorism, treason, destruction of public property, and crimes against humanity.

Prosecutors allege electronic evidence from the seized devices links the defendants to coordinating, financing, and planning the March 2025 attack on the SSPDF garrison in Nasir, Upper Nile State, which killed 257 soldiers and involved the seizure or destruction of military equipment valued at approximately $58 million.

Machar has been under house arrest since March 2025, while most co-accused remain detained by the National Security Service in Juba.

The case has featured repeated disputes over forensic evidence handling, chain of custody, and procedural fairness.

The decision to limit access could prolong proceedings and fuel defense claims of evidentiary unfairness, amid broader concerns that the trial—widely viewed as politically motivated—may further strain the fragile 2018 Revitalized Peace Agreement and South Sudan’s transitional process.

Chol Mawel