South Sudan's English Daily Newspaper
"We Dare where others fear"
By Awan Achiek
Defence lawyers in a high-profile trial on Friday requested that the military investigator and the prosecutor’s first witness provide concrete evidence showing that suspended first vice president, Dr. Riek Machar, ordered the killing of army commander Maj. Gen. David Majur Dak.
During the 26th session of cross-examination, Kur Lual Kur, the lead defence lawyer, challenged witness Maj. Peter Malual Deng to present any documented orders, recordings, or direct communications indicating that Machar instructed militia leader Kang Makana of the White Army to carry out the killing in Nasir.
Military investigator Maj. Peter Malual Deng stated that the joint military committee did not possess any recorded audio or evidence showing that Machar instructed Kang Makana to kill Gen. Majur Dak.
However, he mentioned that orders to shoot should originate from the commander on the ground.
Kur Lual Kur asked Malual if he was aware that the late Tor Gille Thoan had stated the reason for the attack on the Nasir garrison was to obtain guns and ammunition.
Malual replied that he was not aware of the specifics but noted that, according to the investigation, the reasons for the attack were linked to a protest against the change of forces from Nasir, which involved only the SSPDF and not the unified forces.
When Kur questioned Malual about Tor Gille Thoan, he stated that Thoan acted as an independent individual, not under the direction of the SPLA-IO.
Malual then asserted that Tor Gille Thoan acted under the orders and command of the SPLA-IO to attack the Nasir garrison on March 3, 2025.
Kur asked Malual if he was aware that the process for relieving forces from Nasir began during the tenure of former Chief of Defence Forces Gen. Santino Deng Wol.
Malual responded, “I don’t have information that the change of forces started during the tenure of Santino Deng Wol. What I know is that the order for relief of forces was issued on January 21, 2025, by Gen. Paul Nang, Chief of Defence Forces.”
Kur inquired about the agreement between General Santino Deng Wol and Deputy Chief of Defence Forces General Gabriel Duop Lam, the fourth accused, regarding the deployment of unified forces to Nasir.
Malual stated that he did not have details about the agreement between Generals Santino Deng Wol and Gabriel Duop, noting that decisions to change forces are made at the leadership level.
Kur questioned Malual about his understanding of the events surrounding the Nasir incident, which was described as stemming from a misunderstanding between the SPLA-IO and SSPDF.
Major Malual acknowledged that the late Major General David Majur had stated in a phone interview with UN Radio Miraya that the violence was indeed a misunderstanding between the two groups.
He elaborated that the misunderstanding arose from a shift in forces from Nasir, which he claimed was politicised by SPLA-IO officers and SPLM-IO politicians who misinterpreted the change in personnel.
He noted that these officers and politicians misrepresented the situation by asserting that the forces involved were not exclusively SSPDF but included the Agwelek and Abushock militias, which were tasked with disarming the civilian population.
Dr. Riek Machar, 73, and seven others face charges including murder, treason, and crimes against humanity.
The charges stem from a March 2025 attack on a military base in the town of Nasir, Upper Nile State, which left more than 200 soldiers dead, including Maj. Gen. David Majur Dak.
The judge postponed the hearing until Monday, December 1, at which time the defence will resume its cross-examination of Maj. Peter Malual Deng.
