Africa-Press – South-Sudan. JUBA, South Sudan (Ey Radio) – The 33rd session of the Special Court heard testimony on Friday as witnesses detailed the final, defiant moments of the late Major General David Majur Dak, who allegedly refused to surrender just before a combined force of SPLM-IO and White Army launched an attack from only 20 meters away.
On Friday, December 19, the Nasir case trial commenced with the defence team’s cross-examination of the fourth prosecution witness, led by defence lawyer Regina Akier Yao. The witness is a First Lieutenant in the South Sudan People’s Defense Forces (SSPDF).
The defense lawyer opened her questioning by asking whether the witness had previously testified before the Military Investigation Committee or only before the court. The witness confirmed that he had testified before the Military Investigation Committee.
In her second question, the defense asked whether the witness possessed any audio recording of a meeting allegedly held on 2 March between the fifth accused, Dr. Riek Machar, the Commissioner of Nasir County, and several SPLM-IO and White Army leaders. The witness stated that he did not possess any audio recording and that the information reached him through security sources as well as family members, explaining that he is married in Nasir.
The defense further asked whether the witness was inside the armored vehicle with the late Major General David Majur and whether he heard phone calls between the late general and Dr. Riek Machar. The witness answered in the affirmative, revealing that Dr. Riek Machar asked about the number of forces and their deployment locations, claiming the purpose was coordination with the evacuation team.
During the questioning, the witness disagreed with the defense lawyer regarding the number of soldiers inside the armored vehicles. The witness insisted that the number was 33 soldiers, not 27 as suggested by the defense.
The witness also confirmed that the late General Majur remained in continuous communication with the Chief of General Staff from the fall of the garrison until 7 March.
When asked whether the evacuation operation was documented on video and whether the Nasir County Commissioner and local chiefs were present at the evacuation site, the witness stated that he saw two UN personnel filming the evacuation process. However, he denied the presence of the Nasir County Commissioner, noting that the commissioner had left the area before the arrival of the aircraft.
Regarding the number of SSPDF forces that exited with the late General Majur, the witness stated that the armored vehicle in which General Majur was sheltering carried seven officers, while the remaining forces were distributed among three nearby armored vehicles.
He added that all soldiers initially moved in a single military formation, but once gunfire began, the force scattered; some soldiers moved toward the aircraft, while others attempted to return to the armored vehicle. At this point, the defense concluded its cross-examination of the fourth witness.
During re-examination, the prosecution asked the witness how many times he had given statements and to which bodies. The witness replied that he had given his statement once to the investigation committee.
In response to a question about the number of surviving soldiers, the witness said that the final evacuation operation resulted in the evacuation of only six soldiers, one of whom died on board the aircraft due to injuries. He added that one of General Majur’s bodyguards managed to escape from the garrison and was rescued by a resident, while all the remaining soldiers were killed.
The presiding judge then questioned the witness, asking whether he personally attended the county headquarters meeting. The witness answered in the negative. He also denied attending the phone meeting between Dr. Riek Machar and the Nasir County Commissioner, explaining that his information was obtained from security sources.
The judge asked whether the witness heard any disagreement between the late General Majur and the suspended First Vice President while they were inside the armored vehicle. The witness confirmed that a disagreement did occur, stating that General Majur refused to surrender himself to SPLM-IO forces.
The judge further asked about the direction from which gunfire began when preparations were underway for the arrival of the aircraft. The witness had earlier mentioned two lines: one on the right consisting of SPLM-IO forces, and one on the left made up of White Army youth.
The witness stated that the gunfire began from the right side, where SPLM-IO forces were positioned, noting that the distance between the two lines did not exceed 20 meters. Following this, the court began hearing the testimony of the fifth witness, a Staff Sergeant in the SSPDF.
The witness began by recounting events that took place on 16 October 2024, when several sick SSPDF soldiers awaiting evacuation to Juba were killed. He said the Nasir County Commissioner contacted General Majur and requested that the sick soldiers be brought forward because an aircraft was expected. General Majur assigned a major to oversee their movement, but upon arrival at the airstrip, they were informed that the aircraft had been delayed.
The witness added that they moved with an opposition colonel to a location near the airstrip, where White Army forces suddenly opened fire on the sick soldiers without provocation, killing 13 soldiers. He said the bodies remained on the ground until the Ceasefire Monitoring Mechanism arrived and later transported them to the garrison.
The witness stated that General Majur refused to meet the monitoring mechanism and instead waited for instructions from SSPDF General Headquarters, which subsequently ordered that the force remain inside the garrison until it could be replaced by another unit.
The witness further testified that he received a phone call from his brother-in-law residing in Nasir, informing him that military barges heading to Nasir had been attacked, resulting in the death of five soldiers. He said his relative urged him to leave the garrison and seek refuge at his house, claiming that SPLM-IO and White Army forces were planning to attack the garrison, but he refused.
The witness said he relayed this information to Captain Majok Marial, and together they reported it to General Majur, who then ordered an urgent meeting and placed the forces on high alert. General Majur assured the soldiers that no force could prevent SSPDF troops from reaching Nasir, as they were coming under orders from General Headquarters.
The witness confirmed ongoing coordination between SPLM-IO forces and the White Army, stating that White Army forces are rarely seen alone and are often accompanied by an SPLM-IO officer.
He added that on the day of the first attack on the garrison, he received a call from a relative of his wife in Nasir, informing him of direct orders from Dr. Riek Machar to attack the garrison. Despite this, the witness said he refused to abandon his post because he was responsible for the artillery.
He further testified that on the second day, a major attack was launched by SPLM-IO forces and the White Army, led by Kang Makana, and that he personally saw the SPLM-IO Director of Operations briefing and directing the forces before the attack.
After the fall of the garrison, the witness said he took shelter in a disabled tank near General Majur’s position with several soldiers but was unable to move it due to mechanical failure, fearing it might fall into enemy hands.
He stated that on 6 March, he left the tank with some soldiers in search of food and water, but they immediately came under heavy gunfire and were forced to flee. He said seven soldiers were killed during the exchange of fire. He and four others headed toward Torbaar village in an attempt to reach Malakal, the nearest safe area, but they lost their way and fell into another ambush, where all his companions were killed, leaving him alone.
The witness added that he was later attacked by several SPLM-IO soldiers and took cover behind a tree trunk. One of the soldiers recognized him, as the witness had previously treated the soldier’s son, and ordered the others to lower their weapons, assuring him that he would not be harmed.
At the end of the session, the court adjourned proceedings to Monday, 22 December, to continue hearing the remaining testimony of the fifth witness and for his cross-examination by the defense and the court.
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