Testifying under cross-examination at Freedom Hall in Juba, Maj. Gen. Basilio Thomas Wani, who headed the investigation team, told the court that he did not possess any material evidence connecting Dr. Machar or any of the seven accused to the late Tor Gile Thoan — the White Army leader alleged to have led the assault on the South Sudan People’s Defense Forces (SSPDF) garrison at Wich-Yar-Adiu and died during the fighting.
The admission came during the sixteenth session of the high-profile trial, seen by legal observers as a key turning point that could weaken the prosecution’s case.
In the previous hearing before the Friday’s session, Basilio claimed that suspended Minister of Petroleum Puot Kang Chuol incited the White Army against the SSPDF during an interview on Juba-based United Nations’ Radio Miraya.
However, lead investigator clarified on Friday that Kang’s comments on the Nasir incident, which the prosecution cited as incitement, were made in response to a journalist’s question during a live Radio Miraya program — not as an address to military or armed groups.
He further acknowledged that the forces moving toward Nasir at the time were unilateral SPLM-IG units rather than unified forces, effectively validating Kang’s account during the broadcast.
Following these revelations, the defense accused state authorities of committing serious legal and administrative violations in the arrests and detention of the accused.
According to the defense, Dr. Machar’s house arrest was carried out unlawfully after the Internal Security Bureau of the National Security Service (NSS) obtained presidential approval on March 26, 2025, without the constitutionally required two-thirds endorsement by the Transitional National Legislative Assembly (TNLA) to lift his immunity.
Similar violations were cited in the detention of Kang, who was arrested by the NSS without the prior lifting of his ministerial immunity by the Council of Ministers, and TNLA member Hon. Gatwech Lam Puoch, who was detained without a court warrant or TNLA authorization.
The defense also claimed that Lt. Gen. Gabriel Duop Lam, Co-Chair of the Joint Defense Board and Deputy Chief of Defense Forces, was detained solely on verbal instructions from SSPDF Chief of Defense Forces Gen. Paul Nang Majok, with no formal administrative order.
Further, the defense challenged the legality of the investigation committee itself, questioning whether its members had taken the mandatory oath before assuming their roles. Maj. Gen. Basilio conceded they had not, prompting the defense to argue that this oversight rendered the committee’s findings legally invalid.
Friday’s proceedings, which focused heavily on procedural integrity and evidentiary credibility, have been described by observers as among the most consequential since the trial began earlier this year.
Presiding Judge James Alala Deng adjourned the session to Monday, November 3, 2025, when cross-examinations are expected to continue.
