Lawyers representing suspended First Vice President Dr. Riek Machar and seven co-defendants on Wednesday argued that questioning the accused during their testimony could restrict their ability to fully explain evidence before the court.
The defence made the argument during the 112th session of the special court at Freedom Hall in Juba, days after prosecutors filed a counter-application seeking to have the defendants questioned on prosecution evidence before they are allowed to submit written defence statements.
Machar’s lead defence lawyer, Dr. Geri Raimondo Legge, told the three-judge panel that the accused should be given a sufficient opportunity to present and explain their evidence without being subjected to questioning that could prevent them from providing the full context of their statements.
Geri argued that the court should maintain the procedural approach it had previously adopted, noting that four of the defendants — Puot Kang Chuol, Mam Pal Dhuor, Gatwech Lam Puoch and Lt. Gen. Gabriel Duop Lam — had already submitted their written defence testimonies.
He urged the court to dismiss the prosecution’s counter-application and allow the defendants to proceed with written defence statements.
The defence lawyer also responded to comments by prosecutors regarding an earlier defence application seeking clarification and safeguards for what the lawyers described as the accused persons’ constitutional right to legal representation.
Geri said the prosecution had misunderstood the purpose of the defence application, stressing that it was not intended to challenge or undermine the authority of the court.
“The defence respects and values the court and its proceedings,” Geri said.
He said the application had been filed in good faith on behalf of all eight defendants and that the prosecution’s response had failed to address the concerns raised by the defence.
According to Geri, the application was intended to obtain clarification on issues affecting the relationship between the defendants and their lawyers and to prevent mistrust between them.
He said such clarification would help strengthen confidence and trust in the proceedings rather than undermine the authority of the court.
Lead prosecutor Ajo Onyi’ Ohisa said the prosecution had received the defence’s comments on its application and its response to the prosecution’s counter-application.
Ohisa asked the court for additional time to prepare a written response to the defence submissions, saying it would be presented at the next session.
Judge Stephen Simon Binjigwa, one of three judges on the panel, adjourned the proceedings until Friday, Aug. 28, to allow the prosecution to respond to the defence’s submissions.
Machar and the seven other defendants are being tried over violence in Nasir, Upper Nile State, in March 2025, when 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 Army in Opposition (SPLA-IO), together with the White Army militia, killed 257 South Sudan People’s Defence Forces (SSPDF) soldiers, including military commander General David Majur Dak, during an attack on a military garrison in Nasir.
The prosecution has also alleged that military equipment valued at about $58 million was destroyed or seized during the fighting.
Machar and the other defendants have denied the charges.
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