Witness cross-examination exposes gaps, partiality in Nasir Incident probe

JUBA – The cross-examination of the prosecution’s first witness in the Special Court on the Nasir Incident has revealed significant gaps and apparent partiality in the military investigation that formed the basis of the case against First Vice President Dr Riek Machar and seven senior SPLM/A (IO) officials.

During the court’s 26th session on Friday at Freedom Hall, defence lawyers questioned the integrity, neutrality, and thoroughness of the SSPDF fact-finding committee that investigated the 2023 events in Nasir.

Major Peter Malual Deng, the prosecution’s first witness and a Legal Advisor in the SSPDF, admitted under questioning that the fact-finding committee responsible for investigating the Nasir Incident was not established through a Republican Decree or formal order.

Instead, it was created internally by the SSPDF Deputy Chief of Staff for Administration and Finance, Lt. Gen. Malual Majok Chingkuac, based on directives from the SSPDF Chief of Staff.

He further acknowledged that the body consisted solely of SSPDF personnel and included no representation from the SPLA-IO—despite the highly sensitive, inter-party nature of the clash.

The witness also confirmed that the committee did not visit the scene of the incident in Nasir or even Malakal town in Upper Nile State, relying instead on testimonies from survivors and intelligence reports.

During cross-examination, Major Malual admitted that the investigators had not questioned senior military leaders—among them former SSPDF Chief of Defence Forces (CDF) Gen. Santino Deng Wol, current CDF Gen. Paul Nang Majok, or SPLA-IO Acting Chief of Staff Lt. Gen. Gabriel Duop Lam—despite their roles in decisions leading up to the deployment to Nasir.

The committee also failed to engage the Upper Nile State Security Committee or question state representatives, Mr Lony Biel and Mr Both Lie, who were officially tasked with evacuating Maj. Gen. David Majur and other stranded soldiers. The two officials filmed parts of the incident but were never interviewed.

Malual further admitted not knowing about a press conference held by the Upper Nile State government on March 7, 2025, which provided official clarification on the events.

Responding before the panel of judges, Malual also confirmed that the committee did not consult the UN Mission that conducted the evacuation, nor did it seek UN findings on the incident. He added that he was unaware of UN regulations generally prohibiting weapons aboard UN aircraft.

In a significant revelation, Major Malual conceded that the committee had no document, video footage, or audio recording showing that Dr Riek Machar or any of the seven accused ordered Mr Kang Makana—whom Malual had previously accused—to kill Maj. Gen. David Majur.

He further confirmed that there was no evidence linking the accused to the actions of the late Tor Gile Thoan, the youth militia leader whose forces overran the SSPDF garrison in Nasir.

The witness acknowledged that the committee used an interpreter to understand a video of Tor Gile addressing his fighters after allegedly being elected leader of an armed youth group. However, Malual said he did not recall Tor Gile’s statements that government-backed “Abu Shok” and “Agwelek” militias attacked civilians and that gunships bombed the area.

He also confirmed that no evidence existed that Tor Gile received instructions from Dr Machar or SPLA-IO leadership to attack the garrison. In the same video, Tor Gile held both President Salva Kiir and Dr Machar responsible for insecurity, remarking that the defence demonstrated his independence from SPLA-IO command.

Major Malual denied knowledge of an agreement at the Joint Defence Board level between former CDF Gen. Santino Deng Wol and SPLA-IO’s Gen. Gabriel Duop Lam that only unified forces should be deployed to Nasir.

He nonetheless confirmed that Gen. Duop Lam had insisted—during an SSPDF command meeting—on sending only unified forces and rejecting the unilateral deployment of SSPDF units ordered by Gen. Paul Nang Majok.

The witness also confirmed there was no document proving the formal integration of Gen. Johnson Olony’s Agwelek forces into the SSPDF, noting that the 2024 Republican Order integrating 12 SPLM/A (IO) officers made no mention of Agwelek. He agreed that Gen. Olony had publicly stated that integration procedures for his forces were still pending.

These acknowledgements aligned with earlier statements by the late Tor Gile, Petroleum Minister Puot Kang Chol, and MP Gatwech Lam Puoch describing Agwelek forces as untrained militias.

The presiding judge, James Alala Deng, adjourned the session to Monday, December 1, when the defence is expected to continue its cross-examination of the prosecution’s first witness.