By Yiep Joseph
Accused No. 3, Gatwech Lam Puoch, a member of Parliament, told the court that he invoked his constitutional parliamentary immunity at the time of his arrest but claims the security officers dismissed it.
Suspended First Vice President Dr. Riek Machar and several co-accused, including Gatwech, are currently standing trial in connection with a case arising from the March 2025 events in Nasir County.
Testifying during the 88th court session, Gatwech gave a detailed account of the circumstances surrounding his arrest, stating that he was a sitting legislator at the time and was protected by parliamentary immunity under the Transitional Constitution of South Sudan.
He said that when National Security officers approached him, he immediately informed them of his status as a member of Parliament and reminded them that he was protected from arrest without due legal process.
However, he told the court that the officers allegedly dismissed his claim, responding that “immunity does not work,” before proceeding with the arrest despite his objections.
Gatwech further told the court that he questioned the legality of the arrest at the time and specifically asked the officers whether they had an arrest warrant authorising their actions.
He claimed that the officers responded that no arrest warrant was available, but still went ahead with the detention.
The MP stated that the manner of his arrest raised serious concerns in his mind regarding the application of constitutional protections for elected officials, particularly members of parliament.
He added that after the arrest, he began reflecting on the legal framework governing national security operations, especially the National Security Act of 2014, as amended in 2024.
According to his testimony, sections 54, 55, and 57 of the Act had long been controversial during parliamentary debates, with several lawmakers, including himself, previously opposing them during both the original enactment in 2014 and subsequent amendments in 2024.
He told the court that the amendments were part of a broader effort to align national security laws with the peace agreement and ongoing security sector reforms, but said his arrest made him realise that the contested provisions were now being applied in practice.
Gatwech maintained that the experience highlighted what he described as a gap between constitutional protections and enforcement practices on the ground.
After hours of presentations, the Special Court adjourned the session. Presiding Judge Dr. James Alala Deng said the hearing will resume on Wednesday, 17 June 2026, when Accused No. 3 is expected to continue with his defense.
Dr. Riek Machar and the co-accused face multiple charges arising from the alleged attack in Nasir County. The charges include murder, conspiracy, terrorism, treason, destruction of public property, and crimes against humanity.
Prosecutors allege that forces linked to the Sudan People’s Liberation Army-In Opposition (SPLA-IO), in collaboration with the White Army militia, attacked SSPDF positions in March 2025.
According to the prosecution, the incident resulted in the killing of 257 soldiers of the South Sudan People’s Defence Forces (SSPDF), including Commander David Majur Dak.
The prosecution further alleges that the attackers destroyed and seized military equipment valued at approximately 58 million US dollars during the assault on the Nasir garrison.
The accused persons, including Gatwech, are currently presenting their defense and personal accounts before the court as proceedings continue.
The case remains one of the most closely watched trials, involving senior political and military figures and allegations linked to serious crimes under national and international law.