A special court hearing the trial of suspended First Vice President Dr. Riek Machar has dismissed a request by his defense team to have his statement independently recorded in video and audio under the control of his lawyers.
Machar, who is Accused No. 5 in the ongoing trial involving eight co-accused, had asked the court to allow his defence team to engage its own videographer when he begins giving his statement before the court.
The request was formally submitted by his defense lawyers but was opposed by the prosecution, which argued that allowing Machar to have a separate videographer would create inequality among the accused, as the other accused persons had been examined without independent video recording arrangements.
During the court’s 109th session on Wednesday, presiding judge Dr. James Alala Deng delivered the ruling, dismissing the application.
“Application/request for the defense and accused no.5(Dr Riek Machar) to record video and audio under their own control is dismissed” Dr. Alala said.
“The judiciary and the public broadcaster, the South Sudan Broadcasting cooperation are recordings” he added.
Dr. Alala said the court already has official recording arrangements through the judiciary and the state-owned South Sudan Broadcasting Corporation (SSBC), making a separate recording arrangement unnecessary.
The judge also questioned the defence’s request on grounds of equal treatment, noting that similar arrangements had not been provided to Accused Nos. 1, 2, 3 and 4 when they appeared before the court.
He cited provisions of the Constitution and the Criminal Procedure Act, 2008, which require accused persons to be treated equally before the law and the court.
Justice Simon Stephen, another member of the presiding panel, said Machar’s defence team would be allowed to access recordings made by the judiciary and SSBC if needed.
He urged both the defence and prosecution lawyers to respect the court’s procedures and the applicable law.
Justice Stephen further directed that the proceedings should continue in the same manner used during the examination of the first four accused persons.
The ruling clears the way for the court to proceed with Machar’s examination under the existing recording arrangements, with the judiciary and SSBC responsible for documenting the proceedings.
The case before the special court stems from violence in Nasir County, Upper Nile State, in March 2025, when armed local Nuer youth commonly referred to as the White Army overran a South Sudan People’s Defence Forces (SSPDF) garrison in Nasir.
The attack on March 3, 2025, resulted in the deaths of SSPDF personnel, including Major General David Majur Dak. An UNMISS helicopter involved in an evacuation operation was also attacked, killing its pilot.
The government subsequently linked the violence to forces and political figures associated with Machar’s Sudan People’s Liberation Movement/Army in Opposition (SPLM/A-IO).
South Sudanese authorities later announced that investigations into the “Nasir incident” had been completed. Eight people were arrested and charged, while other suspects were either released or remained at large.
The charges against the eight include murder, treason, conspiracy and common intention, destruction of public property and military assets, terrorism-related offences and crimes against humanity. The government alleges that Machar and other SPLM/A-IO figures coordinated with or exercised influence over the White Army in connection with the attack. These allegations are being contested by the defence and remain matters for determination by the court.
Machar is Accused No. 5 in the trial and is being tried alongside seven other defendants: Puot Kang Chuol, former Minister of Petroleum and Accused No. 1; Mam Pal Dhuor, a businessman and Accused No. 2; Gatwech Lam Puoch, a member of the Transitional National Legislative Assembly representing Nasir and Accused No. 3; Lt. Gen. Gabriel Duop Lam, SPLM/A-IO Deputy Chief of Defence Forces/Chief of Staff and Accused No. 4; Camilo Gatmai Kel, a military officer and aide to Machar and Accused No. 6; Mading Yak Riek, Accused No. 7; and Dominic Gatgok Riek, Accused No. 8, who has been described in court proceedings as a generator operator in the Office of the First Vice President.