By Yiep Joseph
Prosecutors in the ongoing trial involving former First Vice President Dr. Riek Machar have asked the court to reconsider the procedure used to examine accused persons.
The application was filed during the court’s 111th session as proceedings approach a stage for Dr. Riek Machar, who is the fifth accused person to undergo examination in the case.
The prosecution is challenging the procedure that has so far been followed by the court. Under the arrangement adopted earlier in the trial, accused persons first give their defense statements before being subjected to questions from the prosecution.
Four accused persons have already been examined under that procedure.
But with Machar preparing to present his defense, Lead Prosecutor Ajo Onyi Ohisa has asked the judges to consider changing the sequence.
In the application submitted to the court, Ohisa sought guidance on whether an accused person should first be questioned about the evidence and allegations presented by the prosecution before being allowed to make a defense statement.
The prosecution maintains that such an approach would bring the proceedings closer to the requirements of the applicable criminal procedure rules.
The request has introduced a fresh procedural issue at a point when attention is increasingly focused on Machar’s defense.
Rather than immediately moving into the substance of Machar’s testimony, the court must now determine which examination procedure should apply to him and potentially to the accused persons who will follow.
The prosecution’s position, if accepted, could mean that Machar would face questions concerning the prosecution’s case before formally presenting his own account of the allegations.
The defense has opposed the immediate consideration of the application, not necessarily on its substance, but sought additional time to study the prosecution’s arguments and prepare a response.
Machar’s lead defense counsel, Dr. Geri Raymond Legge, asked the judges for more time to examine the application before responding on behalf of the defense.
The court granted the request and adjourned the proceedings until August 26, 2026.
On that date, the defense is expected to make its submissions on the prosecution’s proposed change.
The judges will then consider arguments from both sides before deciding whether to retain the procedure already used for the first four accused or introduce a different sequence for the remaining accused.
If the prosecution succeeds, Machar and the other remaining accused could be examined under a procedure different from that applied to those who have already completed their examination.
The prosecution argues that the questioning should be tied first to the evidence and case it has presented.
The defense, meanwhile, has asked for an opportunity to properly consider the legal basis and implications of that proposal before responding.