The Special Court hearing the trial of former first vice-president Dr. Riek Machar and seven co-accused has dismissed a defence application concerning the defendants’ legal representation and rejected a counter-application by the prosecution.
The rulings were delivered on Friday during the court’s 119th session at Freedom Hall in Juba.
Machar’s defence lawyers argued that none of the accused had requested a change of legal representation and asked the court to affirm their right to be represented by lawyers of their choice.
Presiding Judge Stephen Simon Binjigwa said the three-judge panel had not interfered with the defendants’ right to choose their lawyers.
He said the court had not issued any order removing a defence lawyer and that the accused continued to be represented by their lawyers.
Judge Binjigwa also addressed an application submitted by Machar, the fifth accused, saying it raised issues similar to those previously presented by his legal team.
The judge cautioned both the defence and prosecution against submitting repetitive applications.
He said that where an accused person is represented by counsel in accordance with the law, the court should ordinarily be addressed through that lawyer rather than directly by the accused. He said this was intended to avoid confusion and prevent parallel channels of procedural advocacy.
Judge Binjigwa said the court had discretionary powers to maintain order and manage its proceedings, adding that the lead defence lawyer should ordinarily address the court unless unavailable.
The defence application was dismissed after the court found that it had not established the existence of any order removing the accused persons’ lawyers.
The court adjourned the case until Wednesday, Oct. 7, 2026, when Machar is expected to resume giving evidence before the judges.
Machar and seven other defendants are on trial over violence in Nasir, Upper Nile State, in March 2025, during which government forces suffered heavy casualties.
They face charges including treason, murder, conspiracy, terrorism, destruction of public property and crimes against humanity.
Prosecutors allege that forces aligned with Machar’s Sudan People’s Liberation Movement/Army in Opposition (SPLM/A-IO), together with the White Army militia, attacked a government military garrison in Nasir and killed 257 South Sudan People’s Defence Forces (SSPDF) soldiers, including commander General David Majur Dak.
The prosecution also alleges that military equipment worth about $58 million was destroyed or seized during the fighting.
Machar and the other defendants have denied the charges.
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