Sudan WES High Court sentences two men to death

By Richard Ruati

June 29, 2009 (YAMBIO) — The High court in Western Equatoria handed down the death sentence to two men named Kenneth Kaunda aged 45 and Wilson Elisa aged 56.

Both men pleaded guilty before the High Court for committing murder which making them punishable to death under subsection 251/2008 of the penal court act of southern Sudan.

According to the verdict read by the High Court Judge, “Mr. Wilson Elisa committed the crime earlier 2007 and the first hearing of the case started from November and December 2007 that is why to day the court has proved that the offender is guilty evidenced by witness brought before the court to testify before the panel of judges of the high court”.

The High Court Judge stressed that, “Justice delayed is Justice denied”.

This is the first ruling of its kind in the history of Western Equatoria State after the 2005 Comprehensive Peace Agreement (CPA).

“This will at least send a message to other people who take law into their hand” stressed the High court judge.

In related court ruling, Mr. Kenneth Kaunda who formally worked for SPLA Intelligence was behind the death of Mr. Jimmy Gibson Doro, which occurred in June 2008.

The body of the demised was found lying on the road to high Masia between the Catholic Church and Comboni primary school last year.

However, Kaunda denied the allegation before the High Court judge last week during his last trial session saying that, “he was on security duty that night when he came across the deceased lying unconsciously, he then took the corpse to Yambio civil hospital and then reported the case to police to prove he is innocent.”

“The two men are waiting to be transported to the Main Prison of juba for custody until their time come for execution, just simply because Yambio prison has no guarantee place for keeping such people and no official ground for executing people” said Hon Bol.

This came following the letter from the president of the Supreme Court, Government of South Sudan to all the Judiciary department of South Sudan that all those waiting death sentence are to be transported to Juba.

Late Jimmy Gibson worked for the State SPLM Secretariat as an information officer.

“It’s the duty of the judiciary to establish a permanent rule of law to guide the civilian from killing innocent people” Hon Bol said.

Furthermore the president of the High Court stated that, “the high rate of capital offence in Western Equatoria State is murder case, rape and adultery” and he also assured the journalists that, “the only crime punishable by death sentence is murder if evidence and witnesses are produced in the court and if the person is proven guilty.”

“Four people were convicted last week for capital offence, among them two were miserably sentence to death and other two will be serving their terms in Yambio prison”.

The High Court in Western Equatoria State currently operates in the four counties, of which Yambio is the State Headquarters and Administration centre of the State, other counties are Greater Tambura, Greater Mundiri, Maridi respectively. And hopefully soon it will extend its branches in all the ten counties of WES.

The High Court is an independent institution; it has three pillars, The court of appeal is open to any convict who is not satisfied with its judgment; the door is open and free for any person who is convicted.

Western Equatoria is one of the states in the Southern Sudan which has just come out from war, the judiciary has no permanent office in the state.

Justice Abraham Makur called upon the state Government to allocate them place to built permanent office instead of renting.

He lamented that, “the High Court gets support direct from the Headquarters in Juba Judiciary of Southern Sudan (JOSS). It is not the State Government supporting us [but] the JOSS, refuted “Justice Abraham”.

In related briefing Justice Abraham also bravely alerted about the big incident which claimed the lives of three police officers in 2007 in Yambio.

He assured the Reporters that, “the High Court has nothing to do with such cases, it is a military court marshal or tribune, hence the case will be handled the by military justice not civil court.

However he said that, “there is committee formed by the First Vice President of Sudan and the President of the semi-autonomous Government of Southern Sudan Salva Kiir Mayardit to come and carry out the investigation and later nor sooner the military justice will table the case.

He concluded that, “the process of the High Court continues, to try Mr. Majak Geng Majak and Martin Samuel committed capital offense and the killing of civilians in Tambura County, so their case is due for final judgment on the 1st week of July 2009.

(ST)