During the 27th cross-examination session, lead defence lawyer Warnyang Kiir Warnyang challenged prosecution witness Maj. Peter Malual Deng to provide an audio recording of an alleged phone meeting held on March 2, 2025, between Machar, Nasir Commissioner, James Gatluak Lew, and White Army commanders—a day before the attack.
Maj. Malual told the court that the investigation committee could not access any such recording because “it had not been established at that time.”
Kiir further questioned why the government failed to apprehend the accused individuals or prevent the violence, despite having intelligence reports warning of a planned attack on Nasir as early as January 21, 2025. Malual responded that the responsibility to order arrests lies with the competent authorities, adding that the role of military intelligence and national security is limited to gathering information and reporting it to the leadership.
Another defense lawyer, Kur Lual Kur, asked Maj. Malual whether he knew that the eight soldiers seen in a video carrying Maj. Gen. Majur to a UN helicopter were SPLA-IO members. Malual confirmed that the soldiers belonged to SPLA-IO, though he did not know their identities. He added that the same group escorted Majur to the individuals who allegedly caused his death.
Kur also asked whether Malual was aware that all eight soldiers who assisted Majur were killed alongside him. Malual said he did not investigate whether they died with the commander but noted that “many people lost their lives at the hands of the SPLA-IO.”
Kur questioned whether the joint investigation committee had interviewed Majur’s wife about his situation during the attack. Malual replied that the committee relied on existing case files and did not question the entire battalion involved in the Nasir incident.
Kiir also pressed the witness on why the attack had not been addressed administratively, as was done in previous cases involving White Army attacks on SSPDF forces. He argued that the White Army, allegedly backed by SPLA-IO, chose not to wait for administrative procedures this time and instead targeted convoys transporting soldiers to Nasir.
The court adjourned the session to Friday, December 5, when the defence team is expected to continue cross-examining Maj. Malual.
