The prosecution has asked the court to change the procedure for examining accused persons in the ongoing trial, as former First Vice President Dr. Riek Machar prepares to present his defence.
The application was filed during the court’s 111th session after four accused persons had already been examined under the procedure previously adopted by the court.
Under the existing arrangement, the accused persons were allowed to present their defence statements before being subjected to examination.
However, as Dr. Machar, the fifth accused, approaches the stage of presenting his defence, the prosecution has asked the judges to adopt a different examination procedure.
Lead Prosecutor Ajo Onyi Ohisa filed a counter-application seeking the court’s guidance on whether the accused should first be examined through questions based on the prosecution’s evidence and case against them before presenting their defence statements.
Addressing the court, Ohisa argued that the procedure should be brought in line with the applicable criminal procedure rules.
The prosecution’s request could change the way Dr. Machar and the remaining accused persons present their cases before the court.
Lead Defence Counsel Dr. Geri Raymond Legge asked the judges for additional time to study the prosecution’s application and prepare a response.
The court granted the request and adjourned the proceedings until August 26, 2026, when the defence is expected to respond to the prosecution’s application.
The judges will then consider the arguments from both sides before deciding whether to change the examination procedure for the remaining accused persons.