Second court session of the Terrain incident on Tuesday 6th June, 2017 in Juba. PHOTO//Denis Dumo/Reuters

A court hearing of twelve soldiers accused of committing crimes at the Terrain Hotel during the July violence in Juba has been postponed for the second time, the acting army spokesperson has said.

The decision by the presiding judge to adjourn the case for two weeks came after the defense lawyer of the suspects successfully petitioned the court to reduce a one month delay requested by the prosecutor.

The new prosecutor, Lieutenant Colonel Mayel Cham Tang argued that he needed a month to look into the details of the suspects before proceeding with their case.

“I am petitioning the court to postpone the hearing today for a month. I have just received the file, and in order to achieve justice I cannot continue with the case because this means that I have violated the court’s right,” Lt. Col. Tang said.

He said the period requested will enable him liaise with foreign consuls to enable the prosecution speak to victims of the crime, who are mostly foreign nationals.

“This requires lengthy procedures by their embassies and agencies to come and attend the court hearing,” he said.

However, the defense lawyer, Peter Malual rejected the request of the prosecutor, saying it is a violation of the right of the accused to a fair and speedy trial.

Mr. Malual told the court that his clients had been in detention for 11 month without trial.

“Nearly 11 months and people are doing investigation, my clients have the right to trial. Look at their faces, they are tired and exhausted. A month is too much,” Mayen said.

He further said the postponement of the second session of the court is a violation of the legal instruments of South Sudan.

“I object the request made by the representative of the prosecution in full, because I consider it part of the disruption of the proceedings of the court and also violating the Transitional Constitution of South Sudan for the year 2011 as well as the Civil Procedure Act 2008 for the State of South Sudan in the Article 6 subsection A and B,” he added.

After hearing the remarks by the two lawyers, the presiding judge, Knight Buruney moved to push the session to a third hearing within two weeks.

“In order for us to achieve justice as soon as possible, and in a way that satisfies all parties, the court decided to accept the request, but the court believes that a two week period is sufficient,” judge Buruney said.

The twelve soldiers are accused of committing crimes at Terrain Hotel in July last year, including rape, murder and looting of property.

One South Sudanese journalist was killed and some foreign workers said they were harassed, raped and their properties looted.

The deputy SPLA spokesperson Colonel Santo Domic says the extension is to allow a new prosecutor to study files of the suspects and get witnesses to testify about the incident.

Domic says this followed a request by the new prosecutor, Lieutenant Colonel Mayel Cham Tang.

He said prosecutor Tang replaces former prosecutor Connell Abu-Bakr Ramadam who attended the first session last week.

Colonel Santo Domic told the press today [Tuesday] that the previous prosecutor was reassigned. He said his replacement needed time to familiarize himself with the case.

“The court hearing had to be extended for 3 reasons; one, provide fair trial for both victims and perpetrators, and to give time for the new prosecutor to study the detail of the case, and number three, that the most of the witnesses that are supposed to appear in this court are outside the country, mostly the victims themselves,” Domic said.

The hearing will resume on the 20th of June.