Thomas Kwoyelo alias Latoni (in blue suit) interacts with his defence lawyer Caleb Alaka at Gulu High Court on December 17 2023. Photo By Brian Komakech
By Brian Komakech
Gulu
Lawyers representing former Lord’s Resistance Army (LRA) rebel Commander Thomas Kwoyelo, alias Latoni, will commence documentation of witnesses in a build-up to their client’s defense trial.
Kwoyelo who is battling 78 charges of war crimes and crimes against humanity at the International Crimes Division (ICD) of the High Court last week lined up 50 witnesses in his defence against the indictment.
The former rebel commander had appeared at the ICD in Kampala where he interacted with his defence lawyers on selecting his defence witnesses and their details.
Kwoyelo was indicted of 93 war crimes and crimes against Humanity in 2018 but the court acquitted him of 15 charges in December last year by the same court over insufficient, or lack of evidence presented by the prosecution.
The crimes were alleged to have been committed between 1992 and 2005 in Kilak County in present-day Amuru district.
Gov’t lacking money
Charles Dalton Opwonya, Kwoyelo’s defense lawyer told GNNA in an interview Monday that their client has identified some witnesses and intends to present about 50 of them in his defense.
Opwonya however said the witnesses are not yet readily available but noted that they intend to start interviewing them this week.
“Kwoyelo should have been given money to go and look for his witnesses like Ongwen was given about shs3b to look for his witnesses. Kwoyelo was given nothing to look for his witnesses.”
Adding that “The government doesn’t have money to give him but they are trying to use some money so that next week we will come to look for witnesses. We are still looking for witnesses; the witnesses are not yet there. The trial shouldn’t have taken off before the witnesses were got,” Opwonya said.
The defence lawyers will embark on a defence outreach on Kwoyelo’s trial on January 18th in the districts of Gulu, Amuru, and Kitgum where they will take statements from selected witnesses before the defense trial starts.
The prosecution ended its case in April last year after presenting 56 witnesses who pinned Kwoyelo over the alleged indictments.
According to Opwonya, although their client has identified about 50 defence witnesses, the defence lawyers will get more for him since he can’t remember everything that happened during the war.
Defence lawyers to get more witnesses
“We are thinking about 60 witnesses but we shall also get some for him, witnesses which he doesn’t know. There are some witnesses that our client doesn’t know, it’s up to us to find those witnesses because there are many things that happened in very many places and he couldn’t have known everything,” Said Opwonya.
Money hasn’t been a concern
Juliet Harty Hatanga, the Deputy Registrar of the ICD told GNNA in an interview that they couldn’t release money for the defence since they had been handling the prosecution hearing.
“Money hasn’t been a concern because we have been in the prosecution hearing, you cannot start facilitating defence witnesses during the prosecution hearing. What if the money is not put to good use?” She wondered.
Hatanga said the funding for the defence outreach activities is available after the government released shs500m in the second quarter of last year which covered various activities including prosecution hearings.
She noted that part of the money released has been saved and will be used to facilitate the defence outreach and even the first two hearings of the defence trial.
“Money normally comes every quarter but we are not worried. As the Deputy Registrar I am comfortable because I have money to proceed with this activity as we wait for the release of the next quarter,” She told GNNA.
ICD expects to get another shs500m in the third quarter release from the government which will be used to cover expenses on defence hearings, submissions judges retreat and the final judgement.
The teams heading for the defence outreach include two justices of the ICD, two victim’s counsels, four defence counsels, and the staff from the ICD led by the Deputy Registrar.
The outreach will be held in Lamogi, Pabbo, and Pagak areas in Amuru district and Gulu City where most of the atrocities and prosecution cases arise from.
ICD has gazetted from January 18 up to January 27 for documentation of the defense witnesses and thereafter a date for Kwoyelo’s trial hearing is expected to be released by the end of this month. Court is also developing a strategy that will see the trial expedited.
Last month, Justice Michael Elubu, gave three options for Kwoyelo to choose from, in putting up a defense when the trial commences. Kwoyelo is expected to choose to remain silent in court and give his defense on oath or not on oath.
His lawyers, however, said the accused hasn’t yet chosen any mode of defence.
Kwoyelo is expected to appear before the judges at the ICD in Kampala on January 19 for mention in his case before a defense hearing date is fixed.
Kwoyelo has been in custody at Luzira Maximum Prison since his capture by the Ugandan army in 2009 in the Democratic Republic of Congo (DRC). He has been on trial since 2018 and is one of the first top LRA commanders facing trial in the domestic court.
