Lawyers representing Police Captain Richard Ruai Kuol on Thursday asked the police court in Juba to dismiss key charges against him in a case alleging the assault of a teenager, arguing that prosecutors had failed to meet legal requirements for the trial to proceed.
Kuol is on trial over allegations that he assaulted a teenage boy on May 5 in the Hai Cinema area of Juba, an incident that drew widespread attention after a video circulated on social media.
During Thursday’s hearing, defence lawyer Dut Paulino challenged three charges against his client, urging the court to strike them out.
Paulino argued that a charge under Section 66 of the Police Act, which covers assault and use of criminal force by a police officer, should be dismissed because the alleged victim had not been produced in court and there was no proof the officer was on duty at the time of the incident.
“For this section to apply, the assaulted person must be before the court and the police officer must have been on duty. These two requirements have not been met,” Paulino told reporters after the hearing.
The defence also objected to a charge under police disciplinary regulations governing officers’ conduct, arguing that it applies only when an officer is performing official duties.
In addition, Paulino asked the court to strike out a charge under Section 333 of the Penal Code relating to causing harm and injury, arguing that only the alleged victim has the legal right to initiate such proceedings.
“The victim is the one who has the right to open a case regarding what happened to him,” he said. “The police administration cannot pursue this charge on behalf of the victim.”
He further said no medical report had been presented to substantiate claims that the teenager was injured.
The defence also requested that the court summon officials from Kuol’s unit to testify on whether he was officially on duty at the time of the alleged assault, arguing this was key to establishing the court’s jurisdiction.
According to the defence, the police court can only hear cases involving officers acting in an official capacity.
The court adjourned proceedings until Friday, July 3, when it is expected to hear testimony from an administrative witness from the accused officer’s unit before ruling on the defence objections.
Lead prosecutor Major Amil Khamis Mayen said Thursday’s session had been scheduled for the defence to present its case.
He said the prosecution had sought to close the defence case after its witness failed to appear, but the court instead granted an adjournment and fixed a new hearing date.
“The court decided to set another session on the morning of the 3rd,” Mayen said.
The trial stems from a May 5 incident in Juba’s Hai Cinema neighbourhood in which Police Officer Kuol was allegedly filmed assaulting a teenager, triggering public debate and calls for accountability within the police service.
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