Machar Trial: Defense questions investigator on search procedures and evidence custody

Machar, SPLM-IO trial pushed to Friday after prosecution adjournment request
October 27, 2025

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Machar Trial: Defense questions investigator on search procedures and evidence custody

Suspended first Vice President Dr Riek Machar stands behind bars at Freedom Hall during his trial and seven other leaders of the SPLM-IO – Photo credit: Eye Radio/Awan Moses

JUBA, South Sudan (Eye Radio) – The Special Court resumed its 15th session on Monday in the ongoing trial of the suspended First Vice President Dr. Riek Machar and seven other defendants, with the defense continuing its cross-examination of the chief investigator.

The session started with the defense continuing its cross-examination of the chief investigator, Major General Basilio Thomas Wani, who also serves as the Police Commissioner of Northern Bahr el Ghazal State.

Two of the accused were absent from the proceedings, reportedly due to health complications, as confirmed by the defense lawyers at the start of the session.

During the cross-examination, the defense team began by questioning Major General Basilio about the circumstances under which the residence of the fifth accused, Dr. Riek Machar, was searched.

The investigator testified that the search was conducted only once by officers from the National Security Service and that he did not personally receive a copy of the search order from the Attorney General’s office.

The defense pressed further, inquiring about the alleged confiscation of six long-range communication devices during the operation.

Major General Basilio responded that no such devices were found or recorded during the search.

The defense also brought up the discovery of three million South Sudanese Pounds reportedly found at the residence of the fifth accused, allegedly belonging to the seventh accused.

In response, the investigator said that the accused did not disclose any information about the money to the investigation committee.

Another key point raised by the defense concerned the fate of four individuals, Mark Dieu Yout, Par Dang Yout, Kuok Dang Yel, and Hoth Chok, who were allegedly arrested in Dr. Machar’s residence but have not appeared before the court.

Major General Basilio said he was unaware of these people.

The defense then questioned the chain of custody and the procedures followed when sending evidence abroad for forensic analysis.

Major General Basilio confirmed that the electronic devices, including phones and laptops, were taken to South Africa for inspection by a private expert not affiliated with the South African government.

He explained that the evidence was packed into a diplomatic bag and handed over to Ambassador Dennis Dumo from the Ministry of Foreign Affairs, who accompanied him on the trip to South Africa.

Upon arrival, the bag was opened at South Sudan embassy in South Africa in the presence of the ambassador and delivered to the private expert for examination.

After the analysis was completed, the same ambassador reportedly returned the devices to Juba and handed them to the investigation committee.

When asked whether the forensic report was authenticated by relevant institutions, including the Police, the Attorney General’s Office, the Ministry of Foreign Affairs, the Special Court, or South African authorities.

Major General Basilio said he does not agree with the defense claim.

The defense also raised concerns about possible pre-trial political influence, citing public remarks by several government officials including Information Minister Michael Makuei Lueth, Vice President Taban Deng Gai, and Vice President Benjamin Bol Mel, and former Governor of Upper Nile state who allegedly accused the SPLM-IO of involvement in the Nasir incident before the case was formally opened.

The investigator said he was not aware of such statements.

When asked whether he had investigated the former Governor of Upper Nile State, James Koang Chol, who was in office at the time of the Nasir incident, Major General Basilio said he did not, explaining that the investigation committee concluded that the governor’s statement would help the inquiry.

The defense further questioned why the investigation team did not visit Nasir County, where the alleged incident occurred.

The investigator replied that the committee was unable to travel to the area due to insecurity at the time.

After more than two hours of cross-examination, the presiding judge, James Alala, adjourned the hearing to Friday, October 31, 2025, when the defense is expected to continue questioning the witness before the special court.

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