Suspended first Vice President Dr Riek Machar stands behind bars at Freedom Hall during his trial and seven other leaders of the SPLM-IO – Photo credit: Eye Radio/Awan Moses
The special court trying suspended First Vice President Dr. Riek Machar and his seven co-accused has adjourned its 17th session to Wednesday, after continuing the cross-examination of the lead investigator on the alleged roles of the accused in the Nasir Garrison attack.
The session was adjourned to Wednesday, 5th November, to allow the defence team to continue questioning the investigator.
Once again, the court proceeded in the absence of the 4th and 6th accused persons, who were reportedly unwell.
Before the cross-examination began, the prosecution team presented its written response to an application filed earlier by the defense on 22nd October. The defense had requested that detainees be allowed additional food, medication, and sunlight access while in detention.
Copies of the prosecution’s response were shared with both the court and the defense. While acknowledging receipt, the defense maintained its request, citing constitutional rights guaranteeing accused persons access to food from their families.
They further argued that the request aligns with the 1955 International Convention on the Rights of Accused Persons, which ensures adequate food and healthcare.
In response, the special court said it would deliver a ruling on the matter in the next session.
Today’s hearing continued with the cross-examination of Major General Basilio Thomas Wani, the lead investigator, regarding the roles of the accused in the alleged Nasir Garrison attack.
The defense team, led by Advocate Anis Tombe, began by questioning the investigator about the involvement of the second accused, businessman Mam Pal.
Tombe asked whether the investigation had examined the First Vice President’s phone and laptop, noting that the devices had been sent to South Africa for analysis by a private company, which he said might raise issues of national sovereignty.
Maj. Gen. Basilio responded that the investigation committee had treated the phone and laptop as personal property, not as state assets.
The defense pressed for details on the South African company that conducted the analysis, including its name and laboratory. However, the prosecution objected, saying the foreign expert who carried out the analysis would testify later.
The judges upheld the objection and advised the defense to rephrase the question.
The defense also revisited an earlier testimony in which the investigator alleged that Minister of Petroleum Puot Kang, the first defendant, had sent 30,000 US dollars to Nasir, which was later distributed to Payams.
The defense demanded clarification on how the transfer took place, who delivered the money to the airport, and when it was sent.
Maj. Gen. Basilio said the investigation found that the money was sent by plane, and witnesses confirmed that the Commissioner of Nasir had received it.
When asked whether the committee had questioned airport authorities about the transfer, given that the law allows travelers to carry only 10,000 US dollars, Basilio said witnesses involved in the transaction had already testified, and no further investigation was conducted.
The defense further asked whether there had been a direct meeting between the first defendant, local chiefs, and White Army leaders before the alleged transfer.
The investigator said he did not look into that matter and did not question the first defendant about the money during the investigation.
The defense also asked if there was proof that the second defendant sent 123,000 Kenyan shillings to a person named Gatwech Liyam and 625,000 Ethiopian birr to Hok Dhuor.
The investigator replied that documentation confirming both transactions was found on the defendant’s phone.
When asked whether the MPESA mobile money application was operational in Nasir County, where the money was allegedly sent, Maj. Gen. Basilio said it was not available in that area.
Before adjourning, the defense asked whether the investigator had confirmed that the second defendant was in Nasir before or after the alleged events.
Basilio said he did not know, explaining that the accused was arrested in Juba and that no further inquiry was made to determine when he last visited Nasir.
The court adjourned the session to Wednesday, 5th November 2025, when the cross-examination is expected to continue.
