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JUDGES: Warn Dr. Machar’s lawyers

By Yiep Joseph

The judges trying suspended First Vice President Dr. Riek Machar and seven co-accused have warned the defense team of their line of questioning as cross-examination continuous.

On Monday, the trial for Puot Kang and seven other co-accused, including Dr. Machar, reached the 17th session.

While the legal battle continues, the 17th session that was fixed for cross-examination becomes heated with questions, answers, and objections as well.

As defense lawyers continue to question the lead investigator, Maj. Gen. Basilio Thomas Wani, the judges advise them to ensure that their questions are in line with the principles guiding cross-examinations.

The judge’s advice followed an incident where one of the members from the defense team continuously posed questions believed by the judges to be for witnesses, not the investigator.

In order to ensure that the cross-examination follows the right procedures, Stephen Simon Isaac, one of the three judges handling the case, cautioned the defense team to be straightforward with their questions.

He advised the defense team to exercise caution during cross-examination to avoid incriminating their clients.

The judge reiterated the need for lawyers to follow all the guidelines previously given during the start of the case and the cross-examination part in particular.

During the defense team’s questioning of the investigator, the prosecution objected many questions, including those about the law, repeated questions, questions exposing witnesses, and questions meant for witnesses.

Adding to the previous call by Judge Simon for the defense lawyers to be straightforward during the cross-examination, the presiding judge, Dr. James Alala, warned the lawyers of possible scrutiny.

Alala said the court may review defense lawyers’ attendance given the status of the case.

“This is a high-level profile case. The idea of bringing an advocate who is inexperienced is questionable. We may even revise your attendance,” Alala warned.

On October 24, 2025, during the 14th session of the court, the judges explained that the purpose of cross-examination is to discredit the investigation by questioning the investigator, including the use of leading questions.

The defense was allowed to cross-examine the investigator on matters he can competently address, while leaving the details of the evidence to the authors or witnesses of the evidence, who would later be summoned by the court for cross-examination.

On the 17th session, the defense continues cross-examining the investigator and the submitted evidence.

The investigator was questioned on the transfer of funds by the first accused, Puot Kang Chol, of $1,500 for rituals and $30,000 for mobilization, including how the money left Juba International Airport, which plane was used, who sent it, and who received it.

In response, the investigator stated that witnesses at the airport reported the matter to the committee, which saw no need to investigate further.

The cross-examination continues with several other questions being posed to the investigator.

Machar and seven co-accused face charges including murder, conspiracy, terrorism, financing of terrorist acts, treason, destruction of public property and military assets, and crimes against humanity over the March 2025 attack on the South Sudan People’s Defence Forces (SSPDF) garrison in Nasir, which reportedly killed a general, 257 soldiers, and a United Nations helicopter crew member.

 

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