Dr. Riek Machar, SPLM-IO leader, is currently undergoing trial over Nasir incident. (Courtesy photo)

The Special Court resumed its 29th session this morning (Wednesday, Dec. 10, 2025) in the trial of suspended First Vice President Dr. Riek Machar and seven co-accused, following last week’s adjournment due to the illness of Justice Stephen Simon.

Justice Simon, who reportedly fell sick last week, personally took attendance as the session opened in the morning.

All prosecutors, witnesses, and defense lawyers were present. All defendants attended except the sixth accused, who remains absent on medical grounds.

The hearing continued with the defense cross-examining Major Peter Malwal of the South Sudan People’s Defence Forces (SSPDF).

Defense lawyer Kur Lual Kur questioned the witness on several issues related to the March 2025 Nasir incident. He asked whether the military investigation committee was aware of a joint statement issued on 3 March 2025 by the then Ministers of Information and Petroleum condemning the attack.

Major Peter said the committee had no knowledge of the statement and did not investigate it.

Kur also asked whether the investigators knew that Dr. Machar allegedly supervised the evacuation of 198 SSPDF soldiers from Nasir County or requested UN aircraft for their evacuation.

Major Peter denied knowledge of both claims, saying the committee found that the evacuation was carried out by the SSPDF, though Machar was consulted because Nasir was under his control at the time.

When asked whether Dr. Machar dealt directly with the UN instead of meeting with then Vice President Dr. Benjamin Bol Mel, Major Peter said the committee only understood that a high-level meeting involving the UN, IGAD, and the Presidency took place, but they did not establish whether it happened physically or by phone.

The defense also questioned whether Dr. Machar paid 500 US dollars for each of the 24 SSPDF soldiers allegedly captured by the White Army. Major Peter said the committee did not investigate payment claims but confirmed that families of captured soldiers sent money to secure their release.

Kur asked whether Machar provided food, shelter, and water to the besieged SSPDF soldiers through the Nasir Commissioner between 4 and 7 March 2025. Major Peter denied this, saying the soldiers survived on chicken they kept in the garrison and water from an APC radiator. He added that the committee did not investigate allegations that Machar ordered blood-pressure medication or a mobile phone delivered to Major General David Majur, trapped inside an armored personnel carrier.

Tensions briefly rose when Kur asked if the military committee cooperated with the police investigation led by Major General Basilio Thomas Wani. Major Peter responded sharply that the committee had no reason to cooperate with the police and that no such cooperation existed. He confirmed, however, that the committee investigated five bodyguards of the late Maj. Gen. David Majur Dak, some of whom will testify before the court.

Defense lawyer Warnyang Kiir Warnyang later cross-examined Major Peter on the distance between SSPDF and SPLA-IO positions in Wie-Yar Adieu. Major Peter said this was not investigated and was outside the committee’s mandate.

Warnyang also asked about weapons valued at 58 million US dollars allegedly left behind when SSPDF forces withdrew. Major Peter said the area was overrun, more than 200 SSPDF soldiers were killed, and many survivors fled without their weapons. Some guns were surrendered to the White Army as ransom, and heavy weapons were later taken by SPLA-IO elements.

When asked whether the fourth accused was integrated into the SSPDF with 40 men, Major Peter said he had no knowledge of that.

Following the defense cross-examination, prosecutors requested a re-cross of their first witness. The court approved the request.

Public prosecutor Martha Joby Jeramiah re-examined another witness, Deng, who said that Dr. Riek Machar, as SPLA-IO Commander-in-Chief, formed a committee on 1 March 2025 to oversee SSPDF movements in Nasir. Deng said the garrison was attacked on 3 March and the committee allegedly included White Army commander Col. Tor Gile and his deputy Kang Makana, who led the second attack.

Deng cited video evidence in which Kang Makana and Nasir Commissioner James Gatluak Lew declared their alignment with Machar under SPLA-IO. Other footage reportedly showed Tor Gile briefing White Army youth and outlining the plan to attack the Wech-Yar-Adiu garrison. Deng said these actions demonstrate command responsibility, as only a commander could authorize such operations without being physically present.

After the re-examination, the presiding judge said the witness’s testimony required further review. The court adjourned the session to Friday, 12 December, when the bench will directly question Major Peter.

Dr. Riek Machar and seven co-accused face charges of murder, conspiracy, terrorism, financing terrorism, treason, destruction of public property and military assets, and crimes against humanity.

The charges relate to the March 2025 clashes in Nasir between the White Army and SSPDF, which the government says involved SPLA-IO forces and left a general and 257 soldiers dead.