Machar alleges restrictions on defence access as prosecutor rejects intimidation claims

Suspended First Vice President Dr. Riek Machar on Friday accused the prosecution of restricting communication between the accused and their defence lawyers in the Nasir attack trial, a claim that prosecution lawyer Ajo Onyo Ohisa strongly denied, prompting the Special Court to clarify the rights and responsibilities of both parties.

The fifth accused, suspended First Vice President Dr. Riek Machar, has accused the prosecution of intimidating the accused and their defence lawyers.

Machar made the allegation on Friday during the 100th session of the Special Court hearing the case related to the Nasir attack.

He told the court that prosecution lawyer Ajo Onyo Ohisa had allegedly instructed security personnel to restrict communication between the accused and their lawyers.

Machar said the defence team needed to interact with the accused to help prepare and type handwritten statements submitted during the trial.

He also complained that the accused had been prevented from receiving newspapers and other materials from their lawyers, saying this had affected their ability to keep up with developments in the country.

Machar further claimed that the accused had been stopped from receiving sweets brought by one of the defence lawyers.

He asked the court to protect both the accused and their defence lawyers, arguing that communication with legal representatives is a fundamental part of the right to a fair trial.

However, prosecution lawyer Ajo Onyo Ohisa rejected the allegations.

He said it was unfortunate for Machar to accuse him of intimidating the defence lawyers, adding that he had not interacted with the defence team during Friday’s session.

Ohisa also told the court that the accused are not allowed to address the court directly without going through their lawyers.

Defence lawyer Waarnyang Kiir, however, defended the interaction between lawyers and the accused.

He said the defence team has the right to receive documents and information from the accused to help prepare their case.

The court later issued several directives.

Presiding Judge of the Special Court, Dr. James Alala, said the accused must communicate with the court through their lawyers, while the defence team must continue consulting with them.

The court also ruled that the exchange of documents between the accused and their lawyers is permitted.

However, the prosecution was warned against directly addressing the accused, police officers, or security personnel without the court’s permission.

The judges further stated that the defence has the right to meet with the accused after notifying the court and obtaining written permission.

The court also ruled that the accused may access newspapers and magazines with the court’s approval.

The trial was adjourned until July 27, when the fourth accused is expected to continue presenting his defence statement.