By Matik Kueth
Tensions flared inside Juba’s Freedom Hall on Monday as the defense team for the First Vice President, Dr. Riek Machar, accused investigators of concealing the fate of four of his aides who allegedly vanished after a March security raid on his residence.
Defense lawyer Kur Lual Kur told the special court that the four men, identified as Mark Dieu, Par Dang, Kuok Dang, and Hoth Chok, were taken by security operatives on March 26, the same day Machar was placed under house arrest, and have not been seen since.
“These are not unknown individuals; they were taken from Dr. Machar’s home by state agents. For seven months, their families have heard nothing. If this process is about justice, where are they?” Kur said.
The case, now in its 15th hearing, involves South Sudan’s most prominent opposition leader and seven of his allies against the state in what has become one of the most politically charged trials in recent years.
Machar, 73, faces accusations of treason, mass murder, and crimes against humanity linked to the March assault on a military base in Nasir that left more than 200 soldiers dead.
Investigator admits gaps in probe
Under cross-examination, lead investigator Maj. Gen. Basilio Thomas Wani admitted that the four missing men “did not appear in the investigation files” and that he had no information on their whereabouts.
When pressed by the defense on whether he had personally visited Nasir, the site of the alleged massacre, Wani said he had not, citing insecurity in the area.
Kur seized on the response, suggesting that the investigation “relied on political narratives rather than physical evidence,” and accused the state of rushing to prosecute Machar before verifying basic facts.
He further claimed that top government figures, including Information Minister Michael Makuei and Vice President Benjamin Bol Mel, had publicly blamed the SPLM-IO for the Nasir assault even before the probe was launched.
Questions over evidence sent abroad
The courtroom grew tense when details emerged about how some of the seized evidences were handled.
Wani confirmed that a diplomatic bag containing items taken from Machar’s residence, including phones, computers, and documents, had been flown to South Africa for forensic analysis.
He said the process was facilitated by the Ministry of Foreign Affairs and handled through South Sudan’s embassy in Pretoria under Ambassador Denis Dumo.
“The bag was opened in the presence of the ambassador and later given to a private expert before being returned to Juba,” he stated.
The defense objected, arguing that no legal framework exists for transferring criminal evidence through diplomatic channels, and demanded to know whether any bilateral agreement with South Africa authorized the procedure.
Defense alleges ‘afterthought’ investigation
Kur also questioned why the official investigation committee was established after Machar and his aides had already been detained, calling the sequence “a violation of due process.”
“This case began with arrests, then came the investigation, and now the trial, in that order. That is not justice; that is justification after the fact,” Kur argued.
The prosecution countered by asking the defense to rectify procedural errors in its filings before the next session.
Presiding Judge Ladu Mariano adjourned the hearing to Friday, October 31, when more witnesses, including senior intelligence officers, are expected to testify as cross-examinations continue.