Oyai, Pagan, Majak and Gatkuoth appear in court today - April 4, 2014.

The Special Court trying the four SPLM leaders accused of treason has adjourned the hearing to Monday after the Prosecution side failed to present key witnesses today.

The panel of 5 Judges ruled that failure by the prosecution counsel to produce the witnesses in the next hearing, the prosecution case will be closed.

Earlier this week, the judges had asked the prosecution side to present four of its witnesses on Friday.

But none of the witnesses appeared in today’s hearing.

Among the four witnesses who failed to appear before the court, is the Minister of Interior, Aleu Ayeny Aleu.

In today’s hearing, the Prosecution counsel requested that the hearing proceeds without the presence of the four.

They asked to play an audio recording of some of the accused -as evidence of their involvement in the Mid-December incident.

The leader of the Prosecution counsel, Mayen Ooka said the audio recording could be used by the court to proceed with the trial.

“We have presented a request to the honorable court that we are producing evidences that are recorded, and that are to be displayed before the court,” said Mr Oka. “These evidences are related to some of the accused and they were recorded on the 15th and the 16th. All these audios do relate to the incidence.”

The judges rejected the request and instructed the prosecution counsel to present the person who recorded the audio.

On their part, the Defense side also rejected the request, arguing that the audio evidence was obtained illegally.

The leader of the Defense Counsel, Monyluak Alor, said they would like to question the person who recorded the voices of some of the detainees.

“That person who made the recording should be present because there are likely to be questions, especially for the Defense, so he must be cross-examined,” he said.

“If they don’t bring that person on Monday, their case is closed.”

Mr. Alor said according to the Code of Evidence -by law, the person who records the audio also becomes a witness to the case, and is not exempted from the hearing procedures.

After consultations, the judges gave the Prosecution side one more chance to present the person who recorded the audio and their 4 key witnesses in the next hearing.

But the leader of the Prosecution Counsel, Mayen Ooka said they are finding it difficult to trace the whereabouts of the witnesses.

“Well, we don’t know where they are, we have been looking for them. They have just disappeared in the town. So, we have consulted with the relevant units in the army.”

The court trial of Pagan Amum Okech, Oyai Deng Ajak, Ezekiel Lol Gatkuoth and Dr. Majak De-Agot begun on 11th of March.

The four have been accused of treason by the government.

The trial resumes on Monday…