Power struggles cited in alleged corruption probe in South Sudan
President’s office: report
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December 8, 2016 (JUBA) – There was "incompetence" and "unfairness" of
the judge in the case in which $500 million was allegedly stolen from
South Sudan president’s office, research Legal Watch Associate
conducted, shows.
JPEG - 17.4 kb
A trial session of suspects allegedly involved in corrution at the
presidency (File Photo)
The findings details "unfairness" in the process of administration of
justice from the time suspects were arrested, detained, investigated,
tried and convicted.
The case involved 16 people from different institutions, including the
Office of the President, Ministry of Finance and Economic Planning,
Bank of South Sudan and staff of Click Technologies Limited.
Findings from a research, which was conducted for over a one year
period, have indicated that the whole process was marred with
shortcomings, most of which are outlined in the 18-page dossier.
The research was conducted using the methodology of collecting
information from various sources including court sessions, one on one
interview with the institutions involved and phone interviews and a
comprehensive report was made.
The case, according to Legal Watch Associate, started as a rumor that
$500 million had been stolen from the office of the president and
transferred to the account of John Agou in Nairobi, Kenya in favor of
Mayen Wol Jong, the Chief Administrator and Yel Luol Koor, the
Executive Director.
“The alleged sum of $500 million was not found during the
investigation despite the fact that the intelligence report misled the
president to suspend the two senior officials from their positions,"
partly reads the report Sudan Tribune obtained Monday.
After the investigation was done, it further added, the committee
allegedly failed to find the alleged sum of $500 million said to have
been stolen, the committee shifted to auditing the executive office of
the president without the normal procedures of auditing a classified
institution.
The report thus says the long arrest and detention of accused persons
for over a year is “illegal” and “unlawful”.
“The suspects were not accorded their rights as per the constitution
neither were they arraigned in court to be remanded by competent
court,” observed the report.
“The searches that were conducted at the accused persons’ houses were
illegal and unlawful as there was no due process of the law followed.
The break in and storming of Click Technologies Ltd without court
search warrant was a direct threat to right of personal property,” it
adds.
Research reportedly found that the auditing that became the new base
of the investigation and the case after the failure to find the $500
million as alleged in the intelligence report was not independent,
impartial or fair.
“It did not meet international standards that required that auditors
must work without influence from the institution being audited. The
auditors were working at the same premises with the investigation
committee and the complainant,” further notes the report.
“The seal and signature of the president that is alleged to have been
used in the forgery was a mere gimmick by the investigation committee
to incriminate the accused people and to make the case stronger in the
public domain. There was no single document found bearing the seal and
the signature of H.E. the president requesting money from the ministry
of finance or central bank," it added.
One of the accused, Athorbei Gaddaffy was not charged in absentia
neither was his money amounting to USD $8.6 million and SSP 711,500
were drop from the case and instead were made part of the case by the
investigation committee and the prosecution team.
“The goods that the prosecution presented to the court as having not
been delivered are still being used in the office of the president up
to this hour. The donation from H.E. the president to Greater Lakes
States women parliamentarian are denied to have been delivered despite
the fact that the contractor Mr. Simon Lupai of Lupain Motors
confirming to the court as having delivered the cars and having
received his money," says the report, unveiled on the heels of the
country’s hard economic crisis.
INTIMIDATION OF JUDGE
The report further points out that the trial judge was allegedly
heavily intimidated and influenced by the prosecution to “blindly rule
in their favor”.
“The trial did not meet the constitutional threshold of fair trial.
The accused people were not given fair hearing to defend themselves
before the law. Defense witnesses were denied access to enter the
court room and some were threatened and made to withdraw from
testifying. Lawyers were threatened at gun point,” the report notes.
“The trial judge did not administer justice in a fair, independent and
impartial manner. He unified the charges during the pre-trial without
distinction between the first accused to the last accused persons”, it
stressed.
During the research, the trial judge allegedly confessed to one of the
researchers that he was under innermost pressure to sentence the
accused persons without exception and with the most severe conviction
in the law.
“The complainant, General Paul Nang Majok categorically stated during
his cross examination in court that he does not know some of the
accused people as he did not open any case against them. He said that
he was only ordered to arrest only five people among the 16 accused
persons in court and the rest, he did not open any case against them,”
the report observes.
JUSTICE DENIED
The entity, Legal Watch Associates South Sudan notes that the case is
a complete miscarriage of justice and has negatively tainted the image
of the country and the office of the president.
“The same rumors like the one that this case of the 16 people was
built is like the recent news article on Sudantribune.com that claims
that $280 million has been stolen from the office of the president.
Such propaganda does not advance positive interest of the country.
People who circulate such rumours must be tracked down, investigated
and prosecuted and sent to prison for the rest of their lives,” it
said.
“For justice to prevail, we call upon the appeal panel that is
reviewing the case to expedite the case and release these people from
prison without delay,” it further said.
Sudan Tribune was unable to get a response from the presidency on
findings of the report.
(ST)
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Kind regards,
The Sudan Tribune editorial team.
8 December 22:47, by Mayok
What a shame at this so call JCE, case after case, money stolen
daily in president palace, while people are died from starvation and
no one understand how much pain South Sudaneses people were going
through. It’s an embarrassment and mindless behavior of all JCE .
repondre message
9 December 00:11, by Naath
Foolish Dinka tribal gangs leader is talking bullshit but
wishful thoughts that will never materialize. $500 million was stolen
in the president office, $1.5 million was stolen in the president, $15
Million was stolen and $6 million was stolen in the president office.
All this money was stolen this year only in the president. What a
bullshit?!.
repondre message
9 December 06:15, by Agutthon
Worst still, this report is also a hired gun
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