Wau Special Court for December’s deadly violence refuted claims tabled by a defence lawyer that immunity was not respected when some PMs were arrested following violent protests at the end of last year.
Kur Lual Kur, the defence lawyer for 21 suspects including five state MPs, raised an inquest saying the arrest of the MPs did not follow the proper procedures laid down by the State Constitution, Voice of Hope reported.He said the four MPs were arrested without permission of the State Assembly Speaker, and the request letter to wave their immunity was written after their arrest.
Presiding Judge Bouga Ajwaj Makier ruled against the claim.
He said immunity does not mean that MPs cannot be tried for criminal offenses.
The judge mentioned that, according to State Transitional Constitution, the Speaker of the Assembly has powers to wave MPs’ immunity and recommend trial without a majority vote.
Justice Ajwaj explained that immunity cannot be a pretext for MPs to commit crimes and it can be waved at any time except for the President.
He added that the MPs have to face trial for all the charges levied upon them till the final sentence is reached by the court.
Defence lawyer Lual Monday evening rejected the witness from the prosecution on the case.
He said the same man testified against more than four cases and he was a security operative.
The witness was accused to have attended the sitting three days ago and he shouldn’t.
Tension rose in the court as advocates and judges went in contention over the matter.
The court adjourned the sitting.