Prosecutors in the trial of suspended First Vice President, Dr Riek Machar, and seven co-accused have asked the special court to allow the remaining defendants to submit written defence statements instead of giving lengthy oral testimony, saying the move would speed up proceedings.
The application was presented during the 92nd court session at Freedom Hall in Juba on Friday.
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 defence.
“Since these statements are written, all typed and presented for the court to record them word by word. Under Section 229(3) of the Code of Criminal Procedure Act, 2008, if the accused presents to the court any written statement, the presiding magistrate shall file it with the record of proceedings,” he said.
Ohissa said the first accused, Puot Kang Chol, and the second accused, Mam Pal Dhour, had already submitted lengthy written statements, which he argued had consumed a significant amount of the court’s time.
“It is the prosecution’s prayer that the accused persons, since they have written statements, should be allowed to read those written statements and once they are read, they should sign them for the court to file with the record of proceedings,” he said.
He argued that allowing written statements would reduce the burden on the court and help expedite the trial without affecting the defendants’ rights.
“Instead of your lordship recording the same written statements, this will lessen the burden of taking notes every day and it will also save the court’s time and speed up the trial,” he added.
The defence opposed the application.
Defence lawyer Kur Lual Kur argued that the case is criminal in nature and that the accused have a fundamental right to present their defence through oral testimony, regardless of how long the proceedings take.
“The accused persons have the right to give the court their statements verbally and, for this criminal case, they should be given enough time to explain the circumstances surrounding the case and the truth. The accused have the right for the court to hear them directly,” he said.
Kur also said the defendants had already spent one year and three months in detention and argued that the prosecution’s request to shorten the proceedings was unfair.
He maintained that the accused should not be denied the opportunity to present oral evidence simply to accelerate the trial.
Presiding Judge Deng adjourned the case until Monday, 29 June, when the third accused is expected to continue presenting his defence.
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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