The Special Court in Juba has adjourned proceedings to October 19 to rule on whether former First Vice President Dr. Riek Machar can play a video as part of his defence.
The decision followed an objection by the prosecution to Machar’s request during Wednesday’s session, the 121st sitting of the court.
Machar, the fifth accused, continued reading his defence statement during the proceedings.
He questioned why he had been listed as accused number five rather than accused number one, saying documents related to the establishment of the Special Court and statements attributed to the Minister of Justice had identified him as the first accused.
Machar argued that his designation was politically motivated and linked it to his position as First Vice President and his political differences with members of the government.
He also addressed the 2018 peace agreement, constitutional amendments, the extension of the transitional period and the planned December 22 general elections.
Machar accused the government of abandoning the implementation of the peace agreement and taking actions that he said had contributed to the current political and security crisis.
He also referred to public statements made by senior government officials before and after his arrest, including remarks made during the state burial and funeral rites of the late General David Majur Dak.
Machar then asked the court to allow his defence team to play a video that he said would support his claims.
Prosecution objects
Prosecution advocate Ajo Onyo Ohisa opposed the request, arguing that Machar had not yet reached the stage of presenting evidence in his defence against the charges.
Ohisa said Machar would have the opportunity to present his defence evidence at the appropriate stage of the proceedings.
He also referred to previous court directions requiring Machar to make applications through his lawyers and cited Sections 197 and 224 of the Criminal Procedure Act.
The prosecutor urged Machar to focus on the charges and evidence presented by the prosecution, accusing him of turning the proceedings into what he described as a political rally by discussing the peace agreement and criticising the judiciary.
Ohisa asked the court to ensure that the proceedings followed the proper legal process.
Defence rejects objection
Lead defence lawyer Dr. Geri Riamando rejected the prosecution’s objection, arguing that an accused person should not be interrupted while being examined.
Riamando said Machar had the right to legal representation and to present his case throughout the proceedings.
He also rejected the prosecution’s description of the proceedings as a political rally, arguing that the case had political dimensions.
The defence lawyer said the video was intended to support Machar’s position that the proceedings were politically motivated.
He further argued that the request was part of Machar’s ongoing defence statement rather than a separate application by the defence team.
Riamando said the video would allow the court and the public to hear statements made by senior political leaders.
Ohisa later challenged parts of the defence lawyer’s argument, describing them as misleading and urging the judges to disregard them.
Court adjourns
The three-judge panel suspended proceedings for about 20 minutes before adjourning the case to October 19, 2026.
The court is expected to rule on whether Machar will be allowed to play the video or must continue reading his defence statement without it.
The ruling will determine how Machar proceeds with the current stage of his defence.
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