Lawyers for suspended First Vice President Dr. Riek Machar and seven co-defendants argued on Wednesday that questioning the accused while they testify could limit their chance to fully present evidence to the court.

The defence raised the point during the 112th session of the special court at Freedom Hall in Juba.

The submission came days after prosecutors lodged a counter-application seeking to have the defendants questioned about the prosecution’s evidence before they may file written defence statements.

Machar’s lead defence counsel, Dr. Geri Raimondo Legge, told the three-judge panel that the accused should receive adequate opportunity to introduce and clarify their evidence without facing questions that might stop them from giving the complete context of their statements.

Geri maintained that the court ought to keep the procedural method it had already used, pointing out that four of the defendants — Puot Kang Chuol, Mam Pal Dhuor, Gatwech Lam Puoch and Lt. Gen. Gabriel Duop Lam — had already filed their written defence testimonies.

He asked the court to reject the prosecution’s counter-application and permit the defendants to continue with written defence statements.

The defence lawyer also addressed remarks by prosecutors about an earlier defence application that sought clarification and protections for what the lawyers called the accused persons’ constitutional right to legal representation.

Geri stated that the prosecution had misread the aim of the defence application, emphasising that it was not meant to challenge or weaken the court’s authority.

“The defence respects and values the court and its proceedings,” Geri said.

He explained that the application had been submitted in good faith for all eight defendants and that the prosecution’s reply had not properly answered the concerns raised by the defence.

According to Geri, the application sought clarity on matters affecting the relationship between the defendants and their lawyers in order to avoid mistrust between them.

He added that such clarification would help build confidence and trust in the proceedings rather than diminish the court’s authority.

Lead prosecutor Ajo Onyi’ Ohisa confirmed that the prosecution had received the defence’s comments on its application and its reply to the prosecution’s counter-application.

Ohisa requested extra time from the court to prepare a written response to the defence submissions, which he said would be presented at the next session.

Judge Stephen Simon Binjigwa, a member of the three-judge panel, postponed the proceedings until Friday, 28 August, to give the prosecution time to reply to the defence’s submissions.

Machar and the seven other defendants are on trial in connection with violence that took place in Nasir, Upper Nile State, in March 2025, during which government forces suffered heavy losses.

They face charges that include treason, murder, conspiracy, terrorism, destruction of public property and crimes against humanity.

Prosecutors claim that forces linked to Machar’s Sudan People’s Liberation Army in Opposition (SPLA-IO), together with the White Army militia, killed 257 South Sudan People’s Defence Forces (SSPDF) soldiers, including military commander General David Majur Dak, in an attack on a military garrison in Nasir.

The prosecution has also claimed that military equipment worth about $58 million was destroyed or taken during the fighting.

Machar and the other defendants have rejected the charges.