The Special Court trying suspended First Vice President Dr. Riek Machar and his co-accused on Friday dismissed a prosecution application seeking to compel the accused to submit written statements, ruling that the request was premature.
The ruling was delivered on Friday after the prosecution, on 26 June 2026, submitted an application requesting the remaining accused persons to provide written statements instead of giving lengthy oral testimonies, saying the move would speed up proceedings.
Lead prosecutor Ajo Ony’Ohissa told the court that accepting written statements would reduce the time spent recording oral testimony while preserving the accused persons’ right to present their defense.
However, defense lawyer Kur Lual Kur argued that the case is criminal in nature and that the accused have a fundamental right to present their defense through oral testimony, regardless of how long the proceedings take.
While reading out the court’s decision during the 97th session on Friday, Judge Stephen Simon Binjigwa, a member of the three-judge panel, dismissed the application as premature, allowing the proceedings to continue in accordance with the established criminal procedure.
“The application for prosecution on guidance is hereby dismissed for being premature because we have not charged the accused persons,” Judge Binjigwa stated.
He urged both the prosecution and defense to observe integrity when handling legal matters.
Proceeding with the hearing, Presiding Judge James Alala Deng asked the third accused, Gatwech Lam, MP, whether the press conference was held on his own initiative or pursuant to a decision made by the constituents of Nasir and Ulang counties.
Lam said the press conference conducted on 19 February 2025 by lawmakers from Nasir and Ulang counties was a collective decision and not his own initiative.
Judge Alala then asked Lam whether he was arrested before or after the press conference.
“No, I was arrested after the press conference on 11th March 2025 at Kololo Junction, also known as Pope Francis Road,” Lam replied.
The judge questioned Lam whether his phones were taken with his consent or forcibly confiscated.
“They were taken by force on the road, and my password was forcefully taken by witness number 12,” he said.
Presiding Judge Alala adjourned the case until Monday, 20 July, when the court is expected to examine the fourth accused, Gen. Gabriel Duop Lam, the SPLA-IO Acting Chief of Staff.
Dr. Machar is under house arrest, while the other defendants are being held at National Security Service detention facilities in Juba.
The seven co-accused are Puot Kang Chuol, 40; Mam Pal Dhuor, 37; Gatwech Lam Puohc, 67; Lt Gen Gabriel Duop Lam, 53; Camilo Gatmai Kel, 47; Mading Yak Riek, 45; and Dominic Gatgok Riek, 27.
They face charges including murder, conspiracy, terrorism, treason, destruction of public property and crimes against humanity.
Prosecutors allege that SPLA-IO forces allied with the White Army killed 257 South Sudan People’s Defence Forces (SSPDF) soldiers, including commander Gen David Majur Dak, during an attack on the Nasir military garrison in March 2025. They also allege that military equipment worth about 58 million US dollars was destroyed or seized.
The defendants deny the charges.
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