A lawmaker standing trial alongside suspended First Vice President Riek Machar on Wednesday asked the Special Court to dismiss the case against him, arguing that prosecutors had failed to present sufficient evidence linking him to the alleged crimes.
Gatwech Lam Puoch, a member of the national parliament representing Nasir County, made the request during his defence submissions at the 96th session of the trial in Juba. He is among the defendants facing charges over a March 2025 attack on a South Sudan People’s Defence Forces (SSPDF) base in Nasir, Upper Nile State.
Lam told the court that prosecutors had failed to establish a prima facie case against him and challenged the reliability of digital evidence, including WhatsApp messages allegedly extracted from his mobile phone.
“I respectfully pray that this honourable Special Court dismisses the criminal complaint against me for failure to disclose any offence and affirm my entitlement to parliamentary immunity regarding the statement complained of,” Lam said.
He also asked the court to exclude a digital forensic report prepared by a South African expert, arguing that it lacks technical reliability, authenticity and legal admissibility.
Lam said the forensic report contained inconsistencies and was not supported by independent evidence linking him to the alleged offences.
He denied creating or sending the messages, videos, images and audio recordings presented by prosecutors, saying his phone had been in the custody of the National Security Service (NSS) since his arrest.
“My phone remained in the custody of the National Security Service from the day of my arrest until it was produced before this court. During that period, my password was forcefully obtained by a National Security Officer who later testified before this court as a protected witness,” he said.
Lam, 68, completed his defence statement and is expected to respond to questions from the judges on Friday.
Presiding Judge James Alala Deng adjourned proceedings until Friday, July 17, when the court will examine Lam on his submissions.
The defendants in the case include Machar, Puot Kang Chuol, Mam Pal Dhuor, Lieutenant General Gabriel Duop Lam, Camilo Gatmai Kel, Mading Yak Riek and Dominic Gatgok Riek.
Machar remains under house arrest, while the other defendants are being held by the NSS.
Prosecutors allege that forces loyal to Machar’s Sudan People’s Liberation Army-in-Opposition (SPLA-IO), together with the White Army militia, killed 257 soldiers, including SSPDF commander David Majur Dak, and destroyed or seized military equipment valued at about $58 million during the Nasir attack.
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