The trial of suspended First Vice President Dr. Riek Machar and seven co-accused is adjourned as the judges decide on a legal challenge raised by the defense questioning special court’s competence and jurisdiction.
“We are going to put up
the session so that we are able to look into the application raised by the
defense,” Presiding Judge Justice Dr. James Alala Deng announced on Tuesday.
The next session is on Wednesday, when the court will decide if it has jurisdiction to try Machar. This will determine if the trial continues or stops.
The special court is made up of three judges: Presiding Judge Dr. James Alala Deng, Justice Stephen Simon, and Justice Isaac Pur Majak.
The defense, led by Advocate Dr. Geri Raimondo Legge, on the
first day filed a preliminary objection arguing that the Special Court lacks
jurisdiction to try Machar and his colleagues.
The defense cited the supremacy of the 2018 Revitalized
Agreement (R-ARCSS) over national laws, arguing that the case falls under
institutions established by the peace deal, such as the Ceasefire Transitional
Security Arrangement Monitoring and Verification Mechanism (CTSAMVM) and the
yet-to-be-established Hybrid Court.
The prosecution rejected the defense’s claim, saying that
all members of the Special Court are Supreme Court justices and therefore
competent to hear the case under the law.
Machar and the seven co-accused from the Sudan people's Liberation Movement in Opposition (SPLM/A-IO) face multiple charges,
including murder, conspiracy, terrorism, financing of terrorist acts, treason,
destruction of public property, and crimes against humanity stemming from the
March 2025 Nasir conflict, which left over 250 soldiers and a general dead.
The accused include Dr. Riek Machar, 73 years old, Lt. Gen.
Gabriel Duop Lam, 53, Gatwech Lam Puoch, 66, Puot Kang Chuol, 40, Camilo Gatmai
Kel, 47, Mading Yak Riek, 45, Mam Pal Dhuor, 37, and Dominic Gatgok Riek, 27.
