SS Special Court: Prosecution Seeks Riek Machar Trial Evidence Questioning

• Prosecutors requested the special court to question Dr. Riek Machar and co-accused on evidence before they present written defence statements.
• Lead Prosecutor Ajo Ony’Ohisa made this submission during the 111th session of the trial in Juba.
• The prosecution also opposed a prior defence application seeking to uphold the accused's constitutional right to choose their lawyers.
• Machar and seven others face charges including treason, murder, and crimes against humanity, stemming from March 2025 violence in Nasir.
• The proceedings were adjourned until August 26 to allow the defence to prepare a written response to the prosecution's requests.

This ongoing series of procedural disputes underscores the complex and often strategic nature of high-profile trials within the South Sudan special court procedure.

The special court overseeing the trial of suspended South Sudanese First Vice President Dr. Riek Machar and seven co-accused recently faced a significant procedural request from the prosecution. During the 111th session held at Freedom Hall in Juba, Lead Prosecutor Ajo Ony’Ohisa formally asked the three-judge panel to mandate the questioning of the defendants regarding the prosecution’s presented evidence. This request was made before the accused would be permitted to submit their written defence statements.

Ohisa’s submission centered on the sequencing of the trial process, arguing that the accused should first undergo examination concerning the evidence put forth by the prosecution. Only after this initial questioning, he contended, should they be allowed to present their formal defence. This move highlights a critical juncture in the Riek Machar trial evidence questioning, potentially impacting the strategy for the Machar defence statement order and the overall flow of the proceedings.

This recent procedural maneuver by the prosecution follows a prior contentious exchange concerning the defendants' legal counsel. In the 110th session, the defence had filed an application asserting the constitutional right of the accused to select their own lawyers. This application was a direct response to advice given by the judges two days earlier, which suggested Dr. Machar consider changing his legal team if he had lost confidence in his current representation.

The defence counsel maintained that none of the accused had expressed a desire to change their legal representation or indicated any loss of confidence in their current lawyers. However, Lead Prosecutor Ajo Ony’Ohisa opposed this defence application, which sought clarification and protection of Machar legal representation rights. Ohisa characterized the defence's filing as an an attempt to challenge the court's authority and urged the judges to dismiss such applications, which he claimed could cause undue delays in the South Sudan special court procedure.

Dr. Riek Machar and his seven co-accused are currently facing a range of serious allegations stemming from an incident of violence that occurred in Nasir, Upper Nile State, in March 2025. The Nasir violence trial charges include treason, murder, conspiracy, terrorism, destruction of public property, and crimes against humanity. These charges relate to a period when government forces reportedly suffered significant casualties.

Prosecutors specifically allege that forces affiliated with Machar’s Sudan People’s Liberation Army in Opposition (SPLA-IO), acting in concert with the White Army, were responsible for the deaths of 257 South Sudan People’s Defence Forces (SSPDF) soldiers. Among the fatalities was military commander General David Majur Dak, who was killed during an attack on a military garrison in Nasir. Furthermore, the prosecution claims that military equipment valued at approximately $58 million was either destroyed or seized during the hostilities. All defendants, including Dr. Machar, have consistently denied these grave accusations.

In response to the prosecution's latest submission and counter-application, Lead Defence Counsel Dr. Geri Raymond Legge confirmed receipt and requested additional time to prepare a written reply. Consequently, Judge Stephen Simon Binjigwa, a member of the three-judge panel, adjourned the proceedings. The trial is set to resume on Wednesday, August 26, specifically to allow the defence to formulate and file its written response to the prosecution's request regarding the sequencing of evidence and defence statements, as well as their earlier opposition to the legal representation application.

This ongoing series of procedural disputes underscores the complex and often strategic nature of high-profile trials within the South Sudan special court procedure. The court's eventual ruling on the Riek Machar trial evidence questioning and the Machar defence statement order could establish significant precedents for due process and the interpretation of constitutional rights to legal representation in future cases of this kind.

This development highlights the ongoing procedural complexities and strategic maneuvers in high-profile South Sudanese special court trials, particularly regarding the sequencing of evidence and defence statements. Lawyers should monitor the court's ruling as it could establish a precedent for procedural due process and the interpretation of constitutional rights to legal representation in similar cases.

Source: Original reporting via the source article.