Africa-Press – South-Sudan. The high-profile Nasir incident case, involving Dr Riek Machar and seven co-accused, is set to resume on Wednesday, November 12. The scheduling follows the completion of the prosecution’s re-examination of the investigator and a formal request for witness protection ahead of upcoming testimonies.
During Monday’s session focused on the re-examination of the investigator by the prosecution team, led by Advocate Ajo Ony’Ohisa Igele.
During the re-examination, the prosecution questioned the investigator on several issues raised earlier by the defense team during cross-examination.
Advocate Ohisa asked the investigator to clarify the defense’s reference to the Revitalized Peace Agreement (R-ARCSS), particularly on whether it grants immunity or protection to the accused.
The investigator explained that the R-ARCSS does not exempt or protect any person from prosecution for crimes committed, and that the peace agreement does not remove the obligations of national institutions such as the police and judiciary to uphold the rule of law and deliver justice.
The prosecution also asked about the sanction of the Special Court by the President of the Republic.
The investigator said that the presidential authorization for establishing the court was obtained through official correspondence between the Minister of Justice, the Office of the President, and the Chief Justice, describing the sanction as administrative in nature.
In response to why the Nasir incident case is being heard in Juba instead of Malakal or Nasir, the investigator explained that the accused persons were arrested in Juba, and most survivors and government officials involved in the case relocated to Juba after the capture of Nasir garrison by the White Army and SPLA-IO forces.
He added that the case was opened in Juba following authorization by the National Security Service, and no case was opened in Nasir or Malakal.
Regarding the transfer of case documents, the investigator clarified that there was no transfer, since the case was originally opened in Juba.
The prosecution further asked who took the forensic devices to South Africa and brought them back to Juba.
The investigator said he personally traveled with an ambassador from the Ministry of Foreign Affairs.
When asked about a sketch map of the crime scene in Nasir, the investigator said none was produced because Nasir was under SPLA-IO control and inaccessible following the capture of the garrison.
On the arrest of the fourth accused, Gen. Gabriel Doup Lam, the investigator said the order was issued by the Chief of Defense Forces of the SSPDF.
Asked who led the 3rd March 2025 attack on the Nasir garrison, the investigator named Colonel Tor Gile, an SPLA-IO officer.
He also testified that the prosecution document No. 8K was a letter written by the fifth accused, Dr Riek Machar, in his capacity as Commander-in-Chief of SPLA-IO, addressed to the Commissioners of Ulang and Nasir Counties.
The letter formed two teams consisting of chiefs, White Army leaders, and SPLA-IO officers to “safeguard” the movement of SSPDF barges to the Wie-Yar-Adiu garrison.
According to the investigator, the investigation found that some members of those teams later participated in the attack and capture of Nasir garrison.
The investigator told the court that the letter was written on 1st March 2025, while the attack occurred on 3rd March 2025.
He said the first attack was led by Colonel Tor Gile Thon, followed by a second attack led by Kang Makaana and Chuol Gatnor from the Ulang team.
On the issue of funds allegedly sent by the first accused to Hok Dor Chor for the purchase of weapons, the investigator said there were communications between the two, and that photographs of the ammunition were sent via WhatsApp as confirmation that the purchase had been completed.
The investigator also said that two bodies were repatriated to Juba, that of the late Major General David Majur Dak and a foreign national working with UNMISS.
Regarding the forensic report obtained from South Africa, the investigator confirmed that it was authenticated by the relevant authorities, including the South African High Court, the South Sudan Embassy in Pretoria, and the Ministry of Foreign Affairs of South Sudan.
He added that the digital forensic expert would testify before the court to further elaborate on the report’s authentication.
Meanwhile, before the proceedings began, the prosecution applied for the protection of witnesses expected to testify in the upcoming hearings.
The application seeks to ensure the safety and privacy of witnesses who may face intimidation or threats.
Inside the courtroom, a closed room was set up, believed to be used by witnesses while giving testimony, shielding their faces and identities from public view during their statements.
The prosecution also requested the presence of an interpreter to assist in translation during future sessions.
The defence team acknowledged receipt of the applications and said they would respond in writing in the next hearing.
The court is expected to make a ruling on these applications in the coming sessions.
After completing the re-examination, the court said it will take time to prepare its own questions for the investigator, which will be addressed on Wednesday, November 12.
Once that process is complete, the complainant, which is the National Security Service, will also be heard on the same day.
The eight accused are facing charges of treason, terrorism, murder, and offences against the state, in connection with the 3rd March 2025 attack on the Nasir military garrison that led to the killing of Major General David Majur Dak, several SSPDF soldiers, and a UN staff member.
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