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| President Kiir and Dr. Riek Machar |
JUBA, South Sudan
A fierce legal battle has erupted in Juba as the special court trying First Vice President Dr. Riek Machar and seven senior SPLM/A-IO officials faces heated disputes over key evidence, including the seizure of mobile phones and laptops.
Court Extends Mandate Amid Legality Dispute
The Special Court on the Nasir Incident, initially mandated for one month, has officially extended its operations following the expiry of its term on October 8.
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Presiding judge James Alala Deng ruled to prolong the court’s authority until the trial concludes rejecting the defense’s motion that challenged both the court’s legality and jurisdiction.
The trial, which opened on September 22, 2025, stems from a March assault on an SSPDF base in Nasir County, where General David Majur Dak and several soldiers were killed.
Who Are the Accused?
Dr. Machar, 73, faces serious charges alongside seven co-defendants:
Puot Kang Chuol
Mam Pal Dhuor
Gatwech Lam Puoch
Lt. Gen. Gabriel Duop Lam
Kamilo Gatmai Kel
Mading Yak Riek
Dominic Gatgok Riek
They are charged with treason, terrorism, crimes against humanity, mass murder, and destruction of property accusations the defense says are politically motivated.
Core Dispute: Are Seized Phones Admissible?
Wednesday’s hearing centered on a sharp disagreement over whether phones and digital devices taken from the accused should be accepted as evidence.
Defense’s Argument:
Lawyers say the seizure violated Article 22 of the Constitution and the 2008 Criminal Procedure Act, claiming the items were confiscated without a search warrant or court order.
Prosecution’s Response:
Prosecutors insist the devices were lawfully seized and registered, arguing they contain vital proof of communications linking the accused to the Nasir attack.
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Judge Deng admitted 13 of 16 exhibits submitted by prosecutors, including Machar’s laptop and all seized phones. Three weapons, allegedly belonging to Brig. Gen. Kamilo Gatmai Kel, were also admitted despite his denial of ownership.
What’s Next in the Trial
Hearing Schedule: Monday, Wednesday, and Friday each week.
Next Session: Friday, October 17, 2025.
Judge’s Directive: The court will sit “day after day” until all evidence is presented.
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During the session, one accused reportedly underwent an appendix operation while in custody prompting the judge to commend police and medical personnel for their cooperation.
Key Takeaways
1. The admissibility of seized evidence may determine the strength of the prosecution’s case.
2. Defense lawyers continue to challenge the court’s legitimacy and due process.
3. The trial’s outcome could have deep political implications ahead of South Sudan’s fragile peace roadmap.
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