09/23/2025
Dr. Riek Machar Teny's Trial Proceedings (Day 1, 2025):
(Prosecuting Team) in Trial:
As the proceedings were keenly followed, analyzed, and carried out the observations around the Courtroom, the start was okay and much appreciation to the Justices of Supreme Court for directing the country towards open jurisdictional proceedings. In the process, the adjournment was viable, understandable and correctly placed because the complainant or prosecuting team missed the following in a written form;
1). They had to table their submissions, starting with what Dr. Riek Machar did to be tried. Submitting complains of why they need him prosecuted. One can be crime against humanity and stating the year of the offenses. They had to present the records of crimes committed against humanity. Many of which can be during his rivalry periods of 1991.
2). They (complainants) had to submit the records of war crimes where the young civilians from Nuer Community, especially Lou Nuer, were oftenly recruited to pioneer his wars instead of the government's soldiers whom they shared with either Dr. John Garang Mabior or His Excellency, Salva Kiir Mayardit, in the cases of 1991, 2013, and 2015.
3). They (prosecuting team) to state the engineered internal violence; where the tribes or clans are made subjects of hatred. It is sponsored by their struggles for powers to impact relationships negatively among the citizens of South Sudan. Hate is sponsored. Discrimination is sponsored. Destruction of property is sponsored. Nuer Vs Dinka dislikes are sponsored.
4). The prosecuting body was expected to mention killings of women, children and seniors who are classified as vulnerable groups in the international charter of rights and laws. They are not worth of facing the brutal impunities. In real sense, they are spared and considered as the prisoners of war in the international wars; whoever kills these vulnerable people is always subject to criminal trials for homicides. Dr. Riek Machar might have done it directly or indirectly via the recruited, untrained and armed civilians.
5). The prosecuting team failed to answer the question of incompetent court to try Dr. Riek Machar. The constitution is the Supreme law of the land with all the rights to try any citizen from the lower courts, magistrate courts, high courts, and finally Supreme Court of Justice. It was a simple question to answer although the young advocate (Ohisa) did his best on that point.
6). Human rights are related to freedoms, bills of rights, and constituted laws of the land. Anybody who went against the printed laws held by Advocate (Dr. Raimondo Legge) in his hand, is legally assumed to be against patriotism and existence of the nation in its sovereignty. In 1991, 2013, 2014 and 2015, breach of human rights had been consistently observed through rebellions, organized wars, and so forth.
7). Military crimes are observed in the process of wars; where the veterans, injured persons, and battling civilians are not recognized in their sides of the wars. In short, no legal accountabilities of what took their lives, in the case of those we lost. There is no accountability in the financial records to help the wounded persons of the internal wars on both sides. There are no compensation coverages granted towards the locals after their houses got destroyed. These are the military crimes to supply weapons to locals; killing each other in undefined wars of interests among the top officials.
8). After the prosecuting stated most of their complaints in writing, each point is expected to be supported by an article, a section, an act, bill of rights, and amended phrases of a federal constitution. This is where we can quote a few of what supports the legal argument and why they are hunting Dr. Riek Machar in legal prosecution. We, the citizens, were eager to hear court proceedings that were heading towards the explained directions to serve as an example to others in future crimes. Dr. Raimondo Legge stated that history is being recorded. It is the start of new dawn in jurisdiction where anybody can be tried of what he or she does. If so, we need these approach besides big English terms which skipped concerns of the suffering population at the grassroots levels across the country.
.Riek Machar Teny
(Responding Lawyers/Advocates):
They did submit their responses, demanding the release of their accused official.
1). Advocate Ohisa, Thank you here. It was not a matter of power and return to office. He can even be tried while in office, executing his duties normally but must be held accountable of what he did in the past or today. Once he is found out to be free of charges, he will be released or something of the sort. Once proven to be guilty of the crimes stated above, he will be charged by Supreme Court of Justice on our soil.
2). Dr. Raimondo Legge complained that Dr. Riek Machar is not worth of being tried by the internal court and needed his court proceedings outside home. He meant that Dr. Riek is above the country and law, where he can be tried by world's courts like International Criminal Courts of Justice (ICC) in Hague. This was a misguided statement because the judiciary has all the powers of trying him first. If it happens to be beyond their powers because of military forces involved to draw in international partners, they can send him out after their decision is made, announced and heard. The East Africa, African Union and ICC will take care of the rest, if need be, and only if, we decide to have him prosecuted outside the nation. It can happen when the legal means are completely exhausted.
3). Dr. Raimondo Legge (Advocate) missed the important defence of what happened before the sovereignty was granted (that is 1991 or so). He was expected to keep his close eyes on these legal complaint because of the missing person/party in conflict (Dr. John Garang Mabior). The defending team can throw away this legal complaint in favour of what happened between Dr. Riek Machar and Hon. Kiir Mayardit. Opinion.
4). In 2013, 2014 and 2015, the prosecuting team was supposed to come up with the records of what the ruling government had towards Dr. Riek Machar. If he was pardoned in Revitalized Peace Agreement in South Africa, Addis Ababa and wherever the place before his return to the office, then the case was beyond the country. It was already out of their hands. It was handled by the international community and we had no legal hands in it. In short, it is not clear to the citizens what the prosecuting team have against Dr. Riek Machar; whether it is of Revitalized finding as directed by international community to do so internally or not.
5). Lastly, Advocate, Dr. Raimondo Legge, should not deceive the court and its sitting with policies, formulated strategies, and amendments unless they are passed in the parliament by 2/3 of members; where President Kiir Mayardit might have placed his signature after the bills or amendments were passed.Those documents had to be explained better to know their legalities from the siting parliament.
:
We, citizens, did not expect foreign's defense lawyers to intervene in the internal court trials and proceedings. However, Dr. Riek Machar had to get a professional lawyer within the country regardless of the tribe, region or clan. He was not limited from doing so.
In the case of High Advocate, Patrick Loch Lumumba (known as PLO), the lawyers within should not be scared off of his appearance in court. In our view, he is supposed to be a regional observer to help the judiciary since we are still crawling in East Africa (Newest Nation that is trying to settle in doing things independently). His neutrality is expected at all times, if he happens to be given the chance. It is a test of Rule of Law, Justice, and Willingness of Armed Generals (officials) to submit themselves to the law in trials without resistances. Much appreciation to Dr. Riek for accepting to be tried on our native land. We are waiting for the next proceedings across the corners of the world. It is a just and fair beginning in the judiciary branch of the government.
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These were mere analyses, legal views, and observations of the past session in the Supreme Court of Justice. None of these written options are presented under the influence of any party (side) from the ongoing legal proceedings. Wishing the judiciary and its presiding justices, judges, or advocates the very best at its conclusion after the scheduled periods. is following up the trials!!!!!!!!!!
