The Juba County Court has dismissed the case against the Bishop of Awerial Episcopal Church who was accused of abandoning his biological daughter due to lack of evidence.
Bishop David Akau Koul was accused by the family of the late Amos Awan of cohabiting with their daughter for more than 10 years.
The case opened in May alleged that the Bishop married late Awan’s daughter and fathered a child who is now a 10-year-old girl.
The Bishop, however, denied the claims.
His denial prompted the Archbishop of Eastern Bahr El Ghazal Internal Province of the Anglican Communion Alphayo Manyang Kuctiel to lift his immunity to stand trial.
All along the court proceedings, Bishop Dau Akau rejected the claims saying he neither married the woman nor fathered a child with her.
In a court verdict, the Juba County Court Judge, David Moses Tut dismissed the case citing lack of evidence.
Speaking to the media following the court session, one of the defendant’s lawyers Joseph Diardit confirmed the ruling.
“The Court went on with the procedures and today it comes to the conclusion that the case has been dismissed due to lack of evidence,” said Abirdit.
“According to the Dinka customary laws written by John Wol Makech, the marriage is the consensus of two parties is an agreement of the two parties wiliness of the two parties,”
“The two parties have not agreed and that’s why the case has been dismissed and today [Wednesday, Oct. 3] the Bishop is free before the county court that he has done something wrong with this girl.”
“We are calling upon the ECS administration to reinstate the Bishop because Bishop has nothing again before the Court.”
In reaction, the complainant’s lawyer criticized the court verdict saying the ruling was not based on sufficient evidence.
Lawyer Philip Manyok Kuol says they will appeal against the court decision.
He demands a DNA test to determine whether the daughter belongs to the accused Bishop or not.
“We are not happy with the ruling because their daughter was conceived by the Bishop and the Bishop promised her to be married thereafter,” said Manyok.
“They were having that kind of relationship and they had that child secretly it was not something known by either the relative of the husband or the relative of the daughter of plenty,” he said.
“The ruling of the County Court Judge was not fair as I said before because it rejected and didn’t allow sufficient evidence to be produced one of them was the DNA test, what will make sense clear in this case is the DNA test whether the child belongs to David or not.”
The appellant has 15 working days to appeal against the ruling.
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