The special court on Monday cautioned defense lawyers in the trial of suspended First Vice President Riek Machar and seven co-accused against asking questions that could implicate witnesses, warning that some members of the defense team appeared inexperienced for a case of such magnitude.
Judge James Alala Deng, who leads the three-judge panel, made the remarks during the 17th session of the trial at Juba’s Freedom Hall. The proceedings focus on Machar and his co-defendants, who face charges including murder, treason, and crimes against humanity over a March 2025 assault on an army base in Nasir that killed dozens of soldiers.
“This is a high-profile case, and the idea of bringing advocates who are inexperienced is concerning. We are going to review their attendance,” Judge Deng told the courtroom after one defense lawyer’s question appeared to risk incriminating a witness.
He was responding to a line of questioning by defense counsel Anis Tombe Augustino, who had asked the investigator to name a payam and a local chief who allegedly refused money distributed by former Nasir County Commissioner James Gatluak Lew to mobilize fighters from the White Army.
Judge Deng said such questions could expose witnesses or interfere with the integrity of the testimony.
Panel member Stephen Simon Isaac echoed the presiding judge’s concerns, advising the defense to exercise caution during cross-examination. “The defense team should avoid making statements that could implicate the investigator or their own clients,” he said.
The session continued with the cross-examination of lead investigator Maj. Gen. Basilio Thomas Wani, who was questioned about procedures undertaken during the investigation.
Machar’s lawyer, Tombe, asked Wani about measures taken to secure the First Vice President’s privacy after his phone and laptop were sent to a private forensic firm in South Africa for data extraction related to the Nasir incident.
Wani replied that the electronic devices were considered Machar’s personal property and “not state assets.”
On Arrest Warrants and Evidence
Tombe also pressed Wani on whether proper search and arrest warrants had been obtained before the seizure of 16 pieces of evidence from the accused.
Wani said the items were collected during the arrests of the seven suspects before the trial commenced, excluding Dr. Machar, who was not apprehended.
On Alleged $1,500 Ritual Payment
The investigator further alleged that suspended Petroleum Minister Puot Kang Chuol transferred $1,500 to fund a traditional ritual ahead of the attack in Nasir.
Tombe asked the investigator to provide details about the date of the transfer, the recipient, and the transaction records. Wani said the communication regarding the funds took place over the phone between Puot Kang and a contact in Nasir, with details documented in a forensic report submitted to the court.
Judge Deng adjourned the hearing to Wednesday, November 5, for the continuation of cross-examination.
Machar and seven others – Puot Kang Chuol, 40; Mam Pal Dhuor, 37; Gatwech Lam Puoch, 66; Lt. Gen. Gabriel Duop Lam, 53; Dr. Riek Machar Teny, 75; Camilo Gatmai Kel, 47; Mading Yak Riek, 45; and Dominic Gatgok Riek, 27 – are charged with treason, crimes against humanity, murder, terrorism, and destruction of property.
Prosecutors allege that forces loyal to Machar’s Sudan People’s Liberation Army-in-Opposition (SPLA-IO), alongside the White Army, attacked the army garrison in Nasir, resulting in the deaths of Majur and more than 200 government soldiers.