The Special Court established trying First Vice President Dr. Riek Machar and seven senior SPLM/A-IO officials convened its 26th session on Friday, with the defense mounting its most direct challenge yet to the prosecution’s first witness.
Major Peter Malual Deng, a Legal Advisor in the SSPDF and the initial witness for the prosecution, faced hours of intense cross-examination that exposed significant gaps in the fact-finding process behind the state’s case.
The defense pressed Major Malual on the formation, conduct, and credibility of the SSPDF committee tasked with investigating the Nasir incident.
The witness confirmed that the committee was not established through a Republican Decree or official government order, but instead formed internally by the SSPDF Deputy Chief of Staff for Administration and Finance, acting on directives from the Chief of Staff.
He further admitted that the committee was entirely composed of SSPDF officers, with no SPLA-IO representation.
When questioned about the committee’s investigative methodology, Major Malual conceded that it had never visited Nasir the site of the confrontation or Malakal, where several key actors were based. Instead, the committee relied on witness statements and intelligence reports.
He also acknowledged that the committee did not interview top security figures such as former CDF General Santino Deng Wol, current CDF General Dr. Paul Nang Majok, or Acting SPLA-IO Chief of Staff Lieutenant General Gabriel Duop Lam.
The defense also highlighted omissions regarding civilian and administrative officials. Major Malual confirmed that the committee did not question Upper Nile State parliamentarian Lony Biel and State Revenue Authority Deputy Commissioner Both Lee the two officials tasked with evacuating Major General David Majur and who filmed parts of the encounter.
Nor did the committee engage the Upper Nile State Security Committee or review the state’s public briefing on the incident delivered on March 7, 2025.
A key line of questioning centered on whether any evidence directly linked Dr. Machar or the seven defendants to orders given to armed youth or White Army elements.
Major Malual testified that no audio, no video, and no document existed showing Dr. Machar or the other accused issuing instructions to Tor Gile Thoan or to Kang Makana, whom he had previously named.
He further stated that he had no knowledge of any UN investigation, despite the UN Mission being responsible for the evacuation effort and having strict policies prohibiting weapons aboard its aircraft.
The defense also invoked the widely circulated video of the late Tor Gile, in which he declared himself elected by the armed youth and accused both President Salva Kiir and Dr. Machar of contributing to insecurity in Upper Nile.
Malual acknowledged that the committee relied on an interpreter to understand the video but could not recall Tor Gile’s statements that government militias such as “Abu Shok” and “Agwelek” had provoked the attack on the Nasir garrison.
He admitted, however, that no evidence tied Tor Gile’s actions to directives from Machar or any SPLM/A-IO leaders.
The cross-examination further underscored contradictions surrounding the status of the Agwelek forces.
Malual denied any official documentation proving their integration into the SSPDF, despite the existence of a Republican Order integrating only twelve SPLM-IO officers.
He also acknowledged General Johnson Olony’s separate public statements in Malakal in which he told his forces he would return to Juba to expedite their formal integration reinforcing previous testimony describing Agwelek as non-unified militia forces.
The presiding judge adjourned proceedings to Monday, December 1, when the defense will continue its cross-examination of the prosecution’s first witness.
