16/10/2025
Update on the Ongoing Trial of Dr. Riek Machar and Seven other Senior SPLM-IO Officials
By Kon Bona Magot, LL.B
Today’s update focuses on the current stage of the trial of the First Vice President, Dr. Riek Machar Teny, and seven senior officials of the Sudan People’s Liberation Movement-In Opposition (SPLM-IO), particularly the critical phase of evidence presentation and witness testimony.
Current Stage of the Trial
Following the resolution of preliminary matters—where the court ruled on jurisdiction and immunity—the trial has now entered the evidence and testimony phase, as anticipated if the court ruled in favor of the prosecution. This stage is central to the proceedings because it is where the prosecution must prove its allegations, and the defense has the opportunity to challenge the evidence presented.
What Has Happened So Far in This Phase
1. Submission of Prosecution Documents and Exhibits
The prosecution has submitted a wide range of documents, including:
1. Death certificates and autopsy reports of victims.
2. Letters, military orders, and official correspondence.
3. Arrest warrants and government directives.
While many of these documents have been formally accepted by the court, others especially audio, video, and digital forensic materials are still pending proper verification and expert testimony before they can be officially marked as evidence.
2. Witness Statements and Defendant Responses
Several of the co-accused have had their statements read in court, and Dr. Machar has been given the opportunity to respond to investigator statements. Expert witnesses are being scheduled to interpret technical evidence such as forensic reports and digital recordings.
3. Objections and Evidence Challenges
The defense has objected to specific documents and materials, questioning their authenticity, chain of custody, and relevance. They have also challenged the admissibility of certain statements from government sources, citing procedural irregularities or potential bias.
4. Court Rulings on Evidence
The court has admitted many of the written, non-technical documents but has deferred judgment on audio, video, and digital evidence pending expert verification and proper presentation in court. This ensures both sides have the opportunity to examine and challenge the evidence.
What This Phase Involves
The evidence and testimony phase includes several key components:
1. Documentary Evidence: Letters, orders, and reports that establish what happened and who was involved.
2. Physical Evidence: Items such as weapons, forensic reports, or remains that tie the accused to the alleged crimes.
3. Digital/Audio/Video Evidence: Forensic analysis of recordings or communications, often technically complex and subject to rigorous admissibility checks.
4. Witness Testimony: Eyewitnesses, survivors, experts, and possibly defendants provide context and verify events.
5. Defendant Participation: The accused can respond, present counter-evidence, or challenge prosecution witnesses.
6. Expert Testimony: Specialists explain complex evidence such as autopsies, ballistics, or digital analyses to help the court understand technical material.
What to Expect Next
1. Continuation of Prosecution Witnesses: More witnesses, including survivors, military personnel, officials involved in orders, and expert witnesses, are expected to testify.
2. Expert Testimony on Technical Evidence: Experts will present findings on forensic, audio, and digital evidence. The defense will cross-examine to challenge credibility and methodology.
3. Defense Counter-Evidence: The defense may call witnesses, present documents, or offer alternative explanations.
4. Further Evidence Admission: The court will formally mark evidence as it is verified and presented.
5. Defendant Testimony: The accused, including Dr. Machar, may provide statements or testify to refute allegations.
6. Closing Arguments and Judgment: After all evidence and testimonies, both sides will make final arguments, and the court will deliver a verdict.
7. Post-Trial Proceedings: If convicted, appeals and legal remedies may follow. If acquitted, political implications remain significant given the high-profile nature of the trial.
Why This Phase Matters
The evidence and testimony phase is pivotal because it determines whether the prosecution can establish guilt beyond a reasonable doubt. Key aspects include:
1. The credibility and consistency of witnesses.
2. The admissibility and authenticity of documents and digital evidence.
3. The effectiveness of cross-examination and defense strategies.
4. The court’s handling of complex technical and forensic materials.
This stage is not only a legal test but also a measure of South Sudan’s ability to conduct high-profile trials fairly and transparently, particularly in cases with significant political implications.
Closing Note
As this trial unfolds, I will continue to monitor developments closely and provide timely, accurate updates. I remain committed to informing readers about critical legal and political events in South Sudan.
