Dr Riek Machar's defence lawyers - courtesy

The defence team of suspended First Vice President Dr Riek Machar and his co-accused has challenged a proposal to replace their defence lawyer, saying the defendants have the right to choose their own lawyers.

The lawyers filed the petition during the 110th session today after a panel member in the previous session suggested replacing a defence lawyer over an alleged loss of confidence.

In the previous session, Judge Simon advised Dr Riek Machar to formally seek a change of lawyers if he had lost confidence in his defence team, rather than making direct requests to the court.

The judge’s remarks came after Machar requested on August 7 that the proceedings be recorded while giving his defence testimony.

His lawyers later formalized the request in a written application.

The defence, led by Advocate Dr Geri Raimondo Legge, says none of the accused has asked to replace their lawyers or expressed a loss of confidence in them.

The lawyers say the accused chose their current legal team in September 2025 and have continued to work with them.

Invoking Article 19 of the Transitional Constitution, the defence said the provision gives an accused person the right to defend themselves through a lawyer of their own choice.

The defence further argued that disagreements between lawyers and the court over legal arguments, defence strategy or court procedures do not, by themselves, mean that an accused has lost confidence in their lawyers.

The court allowed the prosecution to respond to the application.

The prosecution confirmed receiving the application but, after a short break, Presiding Judge James Alala said it would submit its response in writing at the next session.

The defence objected, saying the application was addressed to the court and not the prosecution.

Judge Alala, however, insisted that the prosecution has a right to respond.

The session was then adjourned to August 24, 2026, when the prosecution is expected to submit its written response.

Dr Riek Machar is the fifth accused in the case and is being tried alongside seven others over violence in Nasir, Upper Nile State, in March 2025.

They face charges including treason, murder, conspiracy, terrorism, destruction of public property and crimes against humanity.

Prosecutors allege that forces aligned with Machar’s Sudan People’s Liberation Army in Opposition, together with the White Army, killed 257 South Sudan People’s Defense Forces soldiers, including military commander General David Majur Dak, during an attack on a military garrison in Nasir.

The defence is asking the court to respect the accused persons’ choice of lawyers unless they themselves request a change or there is a clear legal reason for the court to intervene.