South Sudan's opposition leader Dr. Riek Machar | radiotamazuj
The trial of the suspended South Sudan’s First Vice President Riek Machar was adjourned on Thursday as judges stated they need more time to consider the South African Cybercrimes Act before making a decision on a critical dispute over evidence.
A panel of three judges put off proceedings until February 25, saying that the court would need time to consider how digital evidence is handled under South African law. The decision came after an objection to a digital forensic report prepared by a South African and submitted by prosecutors raised by Machar’s defense team.
The report should not be accepted as evidence, defense lawyers contended, citing problems with both the expert’s jurisdiction and the way in which electronic data was extracted and analyzed. “The court should satisfy itself that these procedures are compliant with the cybercrime and evidence laws governing them,” a lawyer for Machar told the court.
Prosecutors stated that the analysis was conducted using internationally approved techniques and is a cornerstone of their evidence against the defendant. According to the state, electronic communication and equipment can be tied to material under examination using this method.
The court stated they would “apply their mind to [the South African] Cybercrimes Act to see whether the report meets the tests” of admissibility and was obtained in a method that adheres to safeguards.
The postponement has renewed concerns that the highly publicized regional trial will be further hampered by complex issues involving digital evidence and international jurisdiction. Court proceedings are scheduled to resume on February 25.
