Former First Vice President Dr. Riek Machar has accused the Special Court hearing his trial of making "politically motivated" rulings. Addressing the court during his first defence testimony, Machar expressed "disappointment and dismay" over several decisions made by the three-judge panel since the trial began. He questioned the role of private lawyers in the prosecution of his case and criticized restrictions imposed on the defence.
Machar challenged nine previous rulings by the Special Court, citing concerns about the fairness of the trial. He questioned the August 19 ruling rejecting the defence request for audio-visual recording of the proceedings. Machar argued that the request was intended to ensure parity between the prosecution and defence. He also criticized the court's decision to restrict his defence lawyers from freely interacting with the accused.
Machar questioned the involvement of private advocates in the prosecution team, saying prosecutors from the Ministry of Justice and Constitutional Affairs appeared to have taken a back seat. He asked whether the co-opted lawyers were members of the National Security Service assigned to prosecute the case on behalf of the complainant. Machar also questioned the political affiliation of one of the private lawyers.
The former First Vice President raised concerns over alleged threats against the accused persons and members of the defence team. He said the environment surrounding the trial had become "toxic" following an alleged plot to assassinate the accused and their lawyers. Machar called for a proper investigation into the alleged plot.
Machar maintained that the prosecution had failed to substantiate its case after months of proceedings. He said the prosecution had taken nearly eight months, covering 71 sessions and approximately 215 days, without establishing a prima facie case against the accused. The accused are facing charges linked to the violence in Nasir, Upper Nile State, in March 2025.
Machar thanked the court for allowing the accused to appear before it in decent clothing and for upholding their right to use pens, papers and notebooks during proceedings. He expressed appreciation for the court's recognition of their constitutional right to defend themselves and to be represented by an independent defence team.
Despite his concerns, Machar said he remained hopeful that the Special Court would ultimately deliver a fair and just ruling. The prosecution has not responded to Machar's accusations. The court session is scheduled to resume on 14 October, when Machar will continue his defence testimony.
Key points
- Machar accuses Special Court of "politically motivated" rulings
- Machar challenges nine previous rulings by the Special Court
- Machar questions involvement of private advocates in prosecution team
