By Yiep Joseph
Accused No. 5, Dr. Riek Machar, was unable to present his defense before the Special Court during its 104th sitting on Thursday after his legal team was denied access to meet him ahead of the scheduled proceedings.
The delay occurred after the defense team informed the court that they had been unable to consult with Dr. Machar at his residence, where he remains under house arrest, despite an earlier directive by the court allowing them to meet with him in preparation for his defense.
Defense counsel Kur Lual Kur told the court that administrative delays involving the National Security Service prevented the legal team from accessing Dr. Machar, leaving them unable to adequately prepare their client for the defense presentation.
Following the submission, the Special Court directed that the defense team be granted access to meet Dr. Machar before the next session to allow proper preparation.
Judge Dr. James Alala Deng cautioned security authorities to facilitate access for the defense lawyers, emphasizing that the accused must be allowed to consult with his legal representatives before appearing before the court.
Meanwhile, Accused No. 4, Gen. Gabriel Duop Lam, concluded his examination before the panel of judges during the 104th session.
Despite serving as the Deputy Chief of Defense Forces (CDF) of the South Sudan People’s Defense Forces (SSPDF), Gen. Duop told the court that he was using weapons provided by the Sudan People’s Liberation Army in Opposition (SPLA-IO).
During his testimony, Gen. Duop said several firearms belonging to the SPLA-IO were confiscated from his bodyguards during his detention.
“When I was appointed as Deputy Chief of Defense Forces, I was told to bring my weapons, and the guns I was using were from the SPLA-IO,” Duop told the court.
According to his testimony, the confiscated weapons included 11 AK-47 rifles, two PKM light machine guns, and two pistols.
While responding to questions from the panel of judges, Duop said the weapons carried by his bodyguards had been issued to him by the SPLA-IO.
He further testified that several personal belongings were seized during his arrest, including two mobile phones, a gold watch, a gold ring, a command stick, two small bags, one military headgear, and one pair of military insignia.
Separately, prosecution lawyer Advocate Ajo Ohisa raised concerns over what he described as “new faces” accompanying the defense team during a visit to Dr. Machar.
Speaking during the court session, Ajo told the judges that individuals who were not listed on the official court record had been present during the defense team’s visit to Accused No. 5.
“My Lord, the defense team that visited Accused No. 5 included new faces who are not on the court record. We see this as a security risk, and the court should take note of it,” Ajo submitted.
The claim was rejected by defense lawyer Weryang Kiir Weryang, who denied that any new lawyers had joined the defense team.
Weryang explained that the individual in question was an employee of the law firm of Advocate Kur Lual Kur, the lead defense counsel, and was not a newly appointed defense lawyer.
Presiding Judge Stephen Simon later cautioned the defense against involving individuals who are not officially recognised by the court, stressing that only lawyers whose names appear on the official court record are authorised to represent and defend the accused persons.
The court ordered that the defense team be allowed to meet Dr. Machar ahead of the next hearing and subsequently adjourned proceedings until Friday, August 7, 2026, when Dr. Machar is expected to present his defense.