JUBA – South Sudan’s suspended First Vice President and 5th accused in the ongoing Nasir incident trial, Dr Riek Machar Teny, on Friday accused prosecutors of intimidating his defence lawyers.
Addressing the Special Court during the 100th session on Friday, Machar alleged that members of the prosecution had intimidated his lawyers, making it difficult for them to effectively discharge their duties.
“I have a complaint. We have noticed that Prosecutor Ajo is intimidating our lawyers. This is intimidation from the prosecution, and we need protection. All the above are our rights,” Machar told the court on Friday.
The 74-year-old leader of SPLM-IO accused the prosecution of instructing security personnel to deny them regular access to their legal counsel and restricting their access to newspapers.
“Advocate Regina usually gives us sweets, but she stopped. Advocates usually give us newspapers, even those that have stayed for two days, but now they have stopped,” he said.
Machar said the defence team’s interaction with the accused was necessary to prepare and type their handwritten defence statements before presenting them during court sessions.
“Defence helped us to type our work and later brought it to us; that is why they came to see us. Particularly for me, I write mine and give it to them to type, and they bring it to me,” he said.
Lead prosecutor Ajo Ony’ohisa called the allegations of intimidation against the defence team “very unfortunate” without confirming or rejecting the accusations.
“It is very unfortunate for the 5th accused to accuse me of intimidating the defence lawyers. Today I have not interacted with the defence,” Ohisa said.
He said court procedure does not allow the accused to speak directly unless the defence has first informed the court and received permission.
“I also have observed that the 5th accused, who’s the second man in the country, continues to come to court wearing a tie, which is against court procedure; therefore, he should comply with the court order.”
Presiding judge Judge James Alala Deng said the accused have the right to read newspapers and consult with their defence lawyers, provided such visits are authorised by the court.
“The defence has the right to meet with the accused, within the framework of the law, anywhere, whether at Riek Machar’s house in the Amarat neighbourhood or at the Blue House with the other accused,” Alala said.
“They must meet with them for the sake of transparency, and this is done through written permission after notifying the court. The accused have the right to access and read newspapers and magazines with the court’s permission.”
He said the accused are not permitted to receive sweets or water in court without prior authorisation from the court.
Alala also ruled that the accused are prohibited from wearing ties during court proceedings for security and safety reasons.
The court adjourned the session until July 27th for the fourth accused to continue his defence statements in court.
