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Machar trial: Investigator in tight spot as evidence on major claims lacks

JUBA – The lead investigator in the ongoing trial of First Vice President Dr Riek Machar and seven senior SPLM/A (IO) officials struggled on Monday to substantiate key allegations linking the accused to the 2023 Nasir incident, as the defence mounted a firm challenge to the credibility of the prosecution’s evidence. During the seventeenth session of the trial held at Freedom Hall in Juba, Major General Basilio Thomas Wani faced rigorous cross-examination from the defence team, which exposed major gaps in the prosecution’s case — particularly the alleged role of Petroleum Minister Puot Kang Chol in financing the Nasir attack. The prosecution had claimed that Mr Kang sent $30,000 to mobilise local youth, known as the “White Army,” to assault the South Sudan Defence Forces (SSDF) garrison in Nasir County. It also alleged that he sent an additional $1,500 for rituals ahead of the attack. But when pressed for proof, the investigator failed to provide any documentary evidence, transaction records, or the identities of those who allegedly received the funds. Gen. Basilio admitted that he could not specify when or how the money was transferred, nor could he identify the supposed sorcerer said to have received the ritual payment. He maintained only that the prosecution would later call witnesses to substantiate the claims — a response the defence dismissed as speculative and insufficient. “The prosecution has not produced a single piece of credible evidence linking Mr Kang to any financial or operational support for the alleged attack,” one defence lawyer argued, underscoring what they called “the politically motivated nature” of the proceedings. The defence also raised procedural concerns about the handling of seized electronic devices belonging to Dr Machar, questioning why investigators sent his personal laptop and phone to a private forensic firm in South Africa without a valid search warrant or regard for the sensitivity of their contents, given his role as First Vice President. Gen. Basilio conceded that no search warrant had been issued and that investigators treated the devices as personal rather than official property. Further doubt was cast on another prosecution claim involving businessman Mam Pal Dhuor, accused of transferring funds via M-Pesa to support SPLA (IO) operations. The investigator acknowledged under questioning that M-Pesa services were not operational in Nasir County at the time — a revelation that undermined the alleged transfer mechanism. The defence also revisited the prosecution’s assertion that an April 25, 2025, press statement by SPLM (IO) spokesperson and Minister of Water Resources and Irrigation Pal Mai Deng amounted to incitement. Defence lawyers argued that the statement was purely political and contained no direct calls for violence. The session was adjourned until Wednesday, November 5, 2025, when the defence is expected to continue its cross-examination of the lead investigator on the remaining charges against businessman Mam Pal and other detainees.

admin November 3, 2025 2 min read

During the seventeenth session of the trial held at Freedom Hall in Juba, Major General Basilio Thomas Wani faced rigorous cross-examination from the defence team, which exposed major gaps in the prosecution’s case — particularly the alleged role of Petroleum Minister Puot Kang Chol in financing the Nasir attack.

The prosecution had claimed that Mr Kang sent $30,000 to mobilise local youth, known as the “White Army,” to assault the South Sudan Defence Forces (SSDF) garrison in Nasir County.

It also alleged that he sent an additional $1,500 for rituals ahead of the attack. But when pressed for proof, the investigator failed to provide any documentary evidence, transaction records, or the identities of those who allegedly received the funds.

Gen. Basilio admitted that he could not specify when or how the money was transferred, nor could he identify the supposed sorcerer said to have received the ritual payment. He maintained only that the prosecution would later call witnesses to substantiate the claims — a response the defence dismissed as speculative and insufficient.

“The prosecution has not produced a single piece of credible evidence linking Mr Kang to any financial or operational support for the alleged attack,” one defence lawyer argued, underscoring what they called “the politically motivated nature” of the proceedings.

The defence also raised procedural concerns about the handling of seized electronic devices belonging to Dr Machar, questioning why investigators sent his personal laptop and phone to a private forensic firm in South Africa without a valid search warrant or regard for the sensitivity of their contents, given his role as First Vice President. Gen. Basilio conceded that no search warrant had been issued and that investigators treated the devices as personal rather than official property.

Further doubt was cast on another prosecution claim involving businessman Mam Pal Dhuor, accused of transferring funds via M-Pesa to support SPLA (IO) operations. The investigator acknowledged under questioning that M-Pesa services were not operational in Nasir County at the time — a revelation that undermined the alleged transfer mechanism.

The defence also revisited the prosecution’s assertion that an April 25, 2025, press statement by SPLM (IO) spokesperson and Minister of Water Resources and Irrigation Pal Mai Deng amounted to incitement. Defence lawyers argued that the statement was purely political and contained no direct calls for violence.

The session was adjourned until Wednesday, November 5, 2025, when the defence is expected to continue its cross-examination of the lead investigator on the remaining charges against businessman Mam Pal and other detainees.