Defence attorneys for South Sudan’s suspended First Vice President, Dr. Riek Machar, have demanded that prosecutors present concrete evidence tying him to the killing of an army commander in Nasir.
During Friday’s session of the special tribunal in Juba, the defence team cross-examined the prosecution’s first witness, a military investigator, who admitted there was no audio or video proof that Dr. Machar instructed anyone to kill Maj Gen David Majur Dak.
Maj Gen Majur and 27 bodyguards were killed on 7 March during a UN mission evacuation attempt in Nasir. Dr. Machar, 73, and seven others are charged in relation to the attack. Friday’s proceedings marked the 26th hearing in a case that has captivated national attention.
Key Testimony
The prosecution witness, Major Peter Malual Deng—part of the military committee investigating the incident—told the court that White Army militia commander Kang Makana was responsible for the general’s death.
However, under questioning by defence lawyer Kur Lual Kur, Maj Malual conceded he had no recordings proving that Dr. Machar ordered Makana to carry out the attack.
“I am not aware of any audio or video where Dr. Machar instructed Kang Makana to kill Maj Gen David Majur Dak,” he testified.
Asked about the chain of command, Maj Malual argued that no soldier would launch an attack on a military position without orders, adding that top commanders are not expected to physically lead fighters into battle.
The defence also probed the scope of the military inquiry. Maj Malual acknowledged that the committee did not interview three senior generals—including former and current chiefs of defence forces—because its mandate was limited to fact-finding and identifying the assailants. He also said he was unaware of a security delegation from Upper Nile visiting during the evacuation, though the then-Nasir County Commissioner, who is among the accused but remains at large, was present.
Challenges to Prosecution Evidence
Tension rose as defence lawyers questioned the credibility of the prosecution’s evidence.
At one point, prosecutors objected to a defence request seeking the names of soldiers who were with Gen Majur at the time of his death. The court sustained the objection, saying those individuals are expected to testify later.
The defence also challenged video clips presented by prosecutors. One video showed the late White Army commander Tor Gile accusing the government of bombing civilians—a claim Maj Malual rejected. Another video featured Gile alleging that the government deployed certain militias in troop rotations, which the witness disputed, saying the groups had already been fully absorbed into the national army (SSPDF).
The defence further questioned the witness about the status of the 2018 peace agreement. Maj Malual confirmed that unifying forces was part of the agreement but said some arrangements remain unfinished.
The hearing was adjourned and will resume on Monday, 1 December 2025, when the defence is expected to continue its cross-examination of Maj Malual.
The accused include Dr. Riek Machar, Puot Kang Chuol, Mam Pal Dhuor, Gatwech Lam Puoch, Lt. Gen. Gabriel Duop Lam, Camilo Gatmai Kel, Mading Yak Riek, and Dominic Gatgok Riek.
