By Tereza Jeremiah Chuei
The Special High Court in Juba has finished cross examining the accused Kuel Aguer the former Northern Bahr el Ghazal State Governor as the latter awaits his case to be dismissed or to be convicted.
The special high court hearing has been adjourned to 7th December 2022.
Speaking to Journalist, Kuel’s Defense Lawyer Kiir Deng revealed that he has tendered an application to court to dismiss the cases of his clients, citing that there was no ground that would lead to Kuel’s conviction.
Kiir added that their assessment shows that there is no case, arguing that, that is why they applied to court to dismiss the case under section 226.
Advocate Kiir tendered to the high court, an application for submission of no case answer brought under section 226 of the code of the criminal procedure act 2008,
“We seek this honorable court to dismiss the criminal case no 3960/2021 against the application as there is no case that has been made out against him would warrant his conviction,” part of the letter reads.
“Finding that the detention of the applicant (accused) after elapsing of 3 months without sanction or approval by the president of court of appeal, greater Equatoria circuit was illegal detention, to immediately acquit and discharge the applicant from the custody,” it added.
Meanwhile, the letter furthered with its ground that, the application (accused) in (this) case is indicated with 8count under section 48,52,63,66,74,75,76 and 80 of the code of panel act 2008.
“It is alleged that the accused on the 30th day of July, 2021 had unlawfully attempted to overthrow a constitutional government means of undermining the authority of President or insulted him, causing disaffecting within the Law enforcement agencies among other.
“The applicant accused appealed not guilty to the indictment, in a bid to prove indictment against the applicant (accused), the prosecution called or adduced evidence of 4 witness then closed it case,” the letter furthered.