A defence lawyer for police Captain Richard Ruai challenged the legal basis of his client’s prosecution on Tuesday, arguing that criminal proceedings over the alleged assault of a teenager should have been initiated by the alleged victim rather than the police administration.
The arguments were made before the Joint Emergency Court for Organised Forces during the final hearing in the case. After hearing closing submissions from both sides, the court reserved judgment until July 17.
Ruai is accused of assaulting a teenager in an incident on May 5 that was captured in a video widely shared on social media, prompting public outrage and renewed scrutiny of the conduct of security personnel.
Defence lawyer Dut Paulino told reporters the prosecution had asked the court to convict Ruai under provisions of the Police Act and the Penal Code.
Paulino argued, however, that under Section 35 of South Sudan’s Code of Criminal Procedure, criminal proceedings for such an offence should be initiated by the alleged victim or another directly affected party.
“We asked the court to exonerate the defendant from the charges,” Paulino said.
“The victim has the right to go to the public prosecutor and open his own case. The police administration can deal with the administrative aspect, but the criminal case should be initiated by the victim.”
He said the court would first have to determine whether the matter was properly before it as a criminal case or whether it should remain an administrative disciplinary matter.
The prosecution maintained that Ruai should be convicted.
Prosecutor Major Amil Khamis Mayen said both sides had concluded their submissions and that the case was now before the court for judgment.
“The court has reserved the file for its final decision on the 17th,” Khamis said. “The authority now rests with the court.”
The case arose after a video circulated online on May 5 appeared to show a police officer beating a teenager on Hai Cinema Street in Juba.
Following the video’s circulation, the South Sudan National Police Service suspended Ruai, detained him and opened an investigation. He was later charged before the Joint Emergency Court for Organised Forces with offences including the unlawful use of force and related violations under the Police Act.
Prosecutors argued during the trial that the officer abused his authority and violated the teenager’s constitutional rights to dignity and physical integrity. The defence denied the charges, challenged the prosecution’s evidence and argued that the criminal proceedings had not been properly instituted.
The court is due to deliver its verdict on July 17.
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