A military investigator has told the special court in Juba that the army’s deputy chief failed to act on intelligence warning of the deadly attack on the army garrison in Nasir County in March.
The accusation was made during the high-profile treason trial of the suspended First Vice-President, Dr Riek Machar, and seven co-accused.
Major Peter Malual Deng, the first prosecution witness, testified that Lt Gen Gabriel Duop Lam, then the acting chief of defence forces, was informed of a plan to assault the Nasir garrison but did not alert the country’s leadership or take preventive action.
The attack on 3 March 2025 on the South Sudan People’s Defence Forces (SSPDF) base in Nasir County, Upper Nile, killed more than 250 soldiers, a senior commander, Gen David Majur Dak, and a member of a UN helicopter crew.
Prosecutors allege it was carried out by the White Army militia and forces loyal to Dr Machar’s SPLA-IO.
Dr Machar, 73, and his co-accused face charges of murder, treason, and crimes against humanity before a special tribunal of three judges.
‘Did not take action’
Testifying on Monday during the 27th session of the court at Freedom Hall, Maj Malual, a member of a joint military investigation committee, said Gen Duop was in charge of the army while the chief of defence forces was abroad.
“He was informed about the plan to attack Nasir garrison and he didn’t take action or inform the leadership,” Maj Malual told the court.
Under cross-examination from Dr Machar’s defence counsel, Warnyang Kiir Warnyang, the witness was questioned on why the incident was not handled through established administrative channels for ceasefire disputes, as had occurred after previous clashes involving the White Army.
Maj Malual said that this time, the militia and SPLA-IO “did not have the patience” for such a process and instead attacked convoys sent to relieve troops in Nasir.
Investigation scope
Another defence lawyer, Kur Lual Kur, questioned whether the SSPDF had notified the Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM) about the troop movements to Nasir, a procedural requirement under the 2018 peace deal.
Maj Malual said his committee’s mandate did not cover that specific point.
When asked if ceasefire violations should be investigated by the CTSAMM, he replied: “Our dispute was with White Army and not the SPLA-IO but after investigation, we found out that SPLA-IO commanders were involved in the attack.”
The defence also questioned the witness about one of the other accused, lawmaker Gatwech Lam Puoch. Maj Malual stated that while Lawmaker Puoch, as a politician, could spread propaganda, he would not openly call for rebellion, citing a video in which the MP rejected SSPDF deployment to Nasir.
Trial adjourns
The court, presided over by Judge James Alala Deng, adjourned until Friday, 5 December, to continue the cross-examination of Maj Malual.
Lt Gen Gabriel Duop, who is also the chief of staff of the SPLA-IO, is among the eight defendants. The others are Dr Machar, Puot Kang Chuol, Mam Pal Dhuor, Gatwech Lam Puoch, Camilo Gatmai Kel, Mading Yak Riek, and Dominic Gatgok Riek.
All accused have denied the charges.