The Special Court in South Sudan has ruled that former First Vice President Dr. Riek Machar will present his defence orally, ending a two-month dispute between the prosecution and defence. The ruling was made during the 119th session of the court. Machar, leader of the Sudan People's Liberation Movement-in-Opposition (SPLM-IO), and seven other political and military leaders face multiple serious charges.
The dispute began in August when the prosecution asked the court to require Machar to present his defence statement in writing rather than orally. Machar's defence team opposed the request, filing counter-applications concerning how he should present his defence and the role of his lawyers. The defence also raised concerns about the conduct of the proceedings and the accused's legal representation.
Presiding Judge Dr. James Alala Deng said the court has the discretion to manage proceedings and may allow an accused person to present their defence orally or in writing. He directed that the accused must remain focused on their defence and may be questioned by the judges where clarification is needed. This ruling allows Machar to proceed with his oral defence.
Judge Simon Stephen, a member of the court panel, clarified that the court has not removed or compelled any defence lawyer and that the accused remain represented by their legal counsel. The court directed that an accused who has a lawyer should address the court through the lead defence counsel, unless the lawyer is absent. This is meant to avoid confusion and parallel legal submissions during the proceedings.
The case against Machar and the other accused relates to a deadly military attack in March 2025 by the White Army militia in Nasir County, Upper Nile State. The accused face charges including treason, murder, conspiracy, financing terrorism, destruction of public property and military assets, and crimes against humanity. Machar and the other accused deny the charges.
During the session, accused numbers four and six were absent due to health reasons. The court adjourned to October 7, when Machar is expected to resume his defence. The ruling brings an end to a lengthy dispute over the presentation of Machar's defence, allowing the trial to proceed.
The trial of Machar and other SPLM-IO leaders is a significant case in South Sudan's judicial history. The court's decision to allow Machar's oral defence is a crucial development in the proceedings. The case will continue on October 7, with Machar resuming his defence.
Key points
- The Special Court allows Dr. Riek Machar to present oral defence in treason case.
- The court dismisses prosecution petition seeking written defence statement.
- The trial will continue on October 7 with Machar resuming his defence.
