Suspended First Vice President and SPLM-IO leader Dr. Riek Machar Teny on Friday told the panel of judges of the special court trying him and seven others over the Nasir Incident that the prosecution has denied him access to his defense lawyers.
In a statement to court during the 100th session on Friday, Dr. Machar, the fifth accused, said that the prosecution instructed security personnel to deny him regular access to his legal counsel and restricted his access to newspapers.
“Advocate Regina usually gives us sweets, but she was stopped,” he told the court. “Advocates usually give us newspapers, even those that have stayed for two days, but now they are stopped.”
Machar said the restrictions have prevented him from consulting his lawyers freely as he prepares to defend himself against charges brought against him by the government.
“This is intimidation from the prosecution, and we need protection. All the above are our rights. There is no other exchange of documents that we do. Nothing has changed; even visits are not there.”
Dr. Machar further accused the prosecution of intimidating his defense lawyers and asked the court to safeguard both the accused and members of the defense team from any form of interference or intimidation.
“I have a complaint; we have noticed that Prosecutor Ajo [Ony’Ohisa] is intimidating our lawyers,” he charged. “[The] defense helps us to type our work and later brings it to us; that is why they come to see us. Particularly for me, I write mine and give it to them to type, and they bring it to me.”
However, Lead Prosecutor Ajo Ony’Ohisa dismissed Machar’s claims of intimidation, challenging him to specify how the prosecution had intimidated either the defense lawyers or the accused.
“It is unfortunate that the accused No. 5 accused me of intimidating the defense and the accused persons. He did not tell the court how I intimidated the defense advocate and accused,” he said. “I also have observed that the fifth accused, who is the second man in the country, continues to come to court wearing a tie, which is against court procedure. Therefore, he should comply with the court order.”
Presiding Judge James Alala Deng criticized the defense for abandoning its role and leaving the accused to conduct their own defense.
He directed the defense team to consult with their clients, emphasizing that defendants are not permitted to address the court directly and that any submissions must be made in writing through their defense lawyers.
“Secondly, the exchange of documents between the defense and the accused is permissible so that the latter may defend themselves. The prosecution is not allowed to address any accused person, police, or security personnel without the court’s permission,” Judge Alala stated. “We do not want any underhanded tactics. Thirdly, we have observed the personalization of cases. We, as a court, do not want to personalize cases and make them appear as personal matters.”
“This is a legal battle: addressing people must be done respectfully and within the framework of the law,” the judge added.
He said the defense has the right to meet with the accused, within the framework of the law, anywhere, whether at Dr. Machar’s house in the Amarat neighborhood or at the Blue House where the other accused are held.
Judge Alala stated that the accused and their lawyers must meet for the sake of transparency, and it must be done through written permission after notifying the court.
“The accused have the right to access and read newspapers and magazines with the court’s permission. It is not permissible to give the accused sweets or water without the court’s permission,” he said. “The accused are prohibited from wearing ties for security purposes and for their own safety. The court is responsible for security within the courtroom.”
The court then adjourned the session until 27 July for the fourth accused, Lt. Gen. Gabriel Duop Lam, the SSPDF deputy chief of defense forces, to continue his defense statements in court.
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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