Special Court allows Machar oral defence after two-month dispute

The presiding judge of the Special Court has ruled that former First Vice President Dr. Riek Machar will present his defence orally, dismissing a prosecution petition seeking to have him present a written statement only.

The ruling was made during the 119th session, bringing an end to a legal dispute between the prosecution and defence over how the SPLM-IO leader should present his defence.

The dispute began in August when the prosecution, in one of its applications, asked the court to require Machar to present his defence statement in writing rather than orally.

Machar’s defence team opposed the request and filed several counterapplications concerning how he should present his defence and the role of his lawyers.

The defence also raised issues concerning the conduct of the proceedings and the accused’s legal representation.

The prosecution separately asked the court not to allow defence statements to be read before the remaining accused had been examined.

However, Judge Dr. James Alala Deng, the presiding judge of the court, 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 persons must remain focused on their defence and may be questioned by the judges where clarification is needed.

Judge Simon Stephen, a member of the court panel, said the court has not removed or compelled any defence lawyer and that the accused remain represented by their legal counsel.

The court also directed that an accused who has a lawyer should address the court through the lead defence counsel, unless the lawyer is absent.

The judge said this is meant to avoid confusion and parallel legal submissions during the proceedings.

Following the ruling, the court adjourned to October 7, when Machar is expected to resume his defence.

During the session, accused numbers four and six were absent due to health reasons.

Machar and seven political and military leaders of the SPLM-IO are facing multiple serious criminal charges, including treason, murder, conspiracy, financing terrorism, destruction of public property and military assets, and crimes against humanity.

The charges are linked to a deadly military attack in March 2025 by the White Army militia in Nasir County, Upper Nile State.

Machar and the other accused deny the charges.