Defence lawyers for South Sudan’s suspended First Vice-President, Dr. Riek Machar, have challenged prosecutors to provide evidence linking him to the death of the army commander in Nasir, the court has heard.
During the special tribunal in Juba on Friday, the defence team cross-examined the prosecution’s first witness, a military investigator, who conceded there was no audio or video proof that Dr. Machar ordered the killing of Maj Gen David Majur Dak.
Gen. Majur and 27 of his bodyguards were killed on 7 March during an attempted evacuation by a UN mission plane at the Nasir garrison.
Dr. Machar, 73, and seven co-accused face charges related to the incident.
The court session on Friday marked the 26th hearing in a case that has drawn significant attention in the world’s youngest nation.
Key Testimony
The witness, Major Peter Malual Deng, who is part of the military investigation into the attack, testified that the White Army militia leader, Kang Makana, was responsible for the general’s death.
Under cross-examination from Dr. Machar’s defence counsel, Kur Lual Kur, Maj Malual was asked to present any recorded evidence that his client had instructed Makana to carry out the killing.
“I am not aware of any audio or video where Dr. Machar ordered Kang Makana to kill Maj. Gen. David Majur Dak,” Maj Malual told the court.
When pressed on the command structure, Maj Malual stated that “no soldier can open gunfire or attack a military garrison without orders from a commander.”
He maintained that while the accused were not physically present in Nasir during the attack, “the commander-in-chief… cannot go to the battlefield to lead the soldiers.”
The defence also questioned the scope of the military’s investigation. Maj Malual acknowledged that a committee formed to investigate the Nasir incident did not interview three senior generals—including the former and current chiefs of defence forces—about their roles, as its mandate was limited to “gathering facts” and “identifying the attackers.”
He also confirmed that he was unaware of a visit by a security committee from Upper Nile State during the evacuation, though he noted that the then-Nasir County Commissioner, an accused individual currently at large, was present.
Challenges to Evidence
The hearing saw tense exchanges as defence lawyers aggressively challenged the evidence and methods used by prosecutors.
In one instance, the prosecution objected to a defence request for the names of soldiers who were with Gen Majur when he died. The court upheld the objection, ruling that the names pertained to future witnesses.
The defence also scrutinised video evidence presented by the prosecution. One video featured the late White Army commander, Tor Gile, accusing the government of bombing civilians—a claim the witness denied.
Another showed Gile alleging the government used specific militias in troop rotations, which the witness countered, stating those groups were fully integrated into the national army (SSPDF).
Also, the defense lawyer questioned the prosecution witness on the status of the 2018 peace agreement. Maj Malual acknowledged that the formation of a unified force was part of the deal but stated that certain arrangements remained incomplete.
The court adjourned and will reconvene on Monday, 1 December 2025, for the defence to continue its cross-examination of Maj. Malual.
The defendants are Dr. Riek Machar, Puot Kang Chuol, Mam Pal Dhuor, Gatwech Lam Puoch, Lt. Gen. Gabriel Duop Lam, Camilo Gatmai Kel, Mading Yak Riek, and Dominic Gatgok Riek.