Dr Riek Machar, Leader of SPLM-IO

The Special Court presiding over the high-profile trial of suspended First Vice President Dr. Riek Machar and seven co-accused has rejected a request by the fifth accused to have his testimony recorded by an in-house videographer, ruling that similar arrangements were neither requested nor granted for the previous defendants.

However, the court has ruled that the fifth accused will present his testimony during the next session on August 21, without a private camera.

The court said the decision was based on the principle of equal treatment among all accused persons, noting that the defense did not request private video recording when the first four accused presented their statements.

The fifth accused’s defense submitted the request on August 7, while the prosecution responded on August 10, arguing that the request had no legal basis under criminal procedure.

The prosecution maintained that there should be no distinction between politically important and less important accused persons, saying all defendants must be treated equally under court procedures.

It further argued that cameras are already available in the courtroom to record proceedings, and that the defense can request permission to review or obtain copies of the recordings.

The court also rejected the request to bring a private cameraman into the courtroom, saying this would violate the principle of equality because the first four accused were not given the same arrangement.

The court further directed that the fifth accused communicate with the court only through his defense team, saying defendants do not have the right to communicate directly with the court. It added that he could request a new defense team if he had lost confidence in his current lawyers.

The prosecution also opposed the submission of written testimony, and the court ultimately rejected that part of the request.

The court had previously postponed its response to the defense application, citing the judges’ involvement in Supreme Court sessions and the need for more time to prepare their decision.

During today’s 109th session, the prosecution and defense teams registered their attendance. The fourth accused was absent for the second consecutive session due to health reasons.

The defense has also requested permission to meet with the fifth accused before his testimony. The court directed the defense to submit that request in writing.

The Special Court has adjourned the case until August 21, when the fifth accused is expected to present his testimony before the court without a private camera.

The trial, which opened on September 22, 2025, at Freedom Hall in Juba, centers on March 2025 clashes in Nasir County.

Prosecutors allege that forces aligned with the SPLA-IO and White Army militia attacked a military garrison, killing commander Gen. David Majur Dak alongside more than 250 SSPDF soldiers, while destroying or seizing $58 million in military hardware.

Dr. Machar and co-accused—including Puot Kang Chuol, Mam Pal Dhuor, Gatwech Lam Puoch, Lt. Gen. Gabriel Duop Lam, Camilo Gatmai Kel, Mading Yak Riek, and Dominic Gatgok Riek—face charges of treason, murder, conspiracy, financing terrorism, and crimes against humanity.

The prosecution wrapped up its case on April 20, 2026, after presenting 16 witnesses, eight of whom testified under protective measures.

Defense counsel, led by Kur Lual Kur and Dr. Geri Raimondo Legge, has challenged the digital forensic evidence presented by prosecution expert Ratholgo Calvin Rafadi, arguing it relied on indirect communications rather than direct access to Dr. Machar’s personal devices.

The court previously denied defense requests for live broadcasts on the South Sudan Broadcasting Corporation (SSBC) and rejected calls for trial delays.

During the 109th session, the court recorded the presence of both legal teams, while the fourth accused missed a second consecutive hearing due to illness.

The Special Court instructed the defense to apply in writing for a private consultation with the fifth accused before adjourning proceedings to August 21, 2026, when his testimony is scheduled to begin.