By Brian Komakech and GNNA reporter
Gulu
The Judges at the International Crimes Division (ICD) of the High Court have ruled that former Lord’s Resistance Army (LRA) rebel commander Thomas Kwoyelo alias Latoni has a case to answer in court.
In a ruling delivered on Monday at the ICD sitting in Gulu High Court Circuit, Justice Michael Elubu noted that Kwoyelo should put up a defense on the 78 counts of charges of war crimes and crimes against humanity.
Kwoyelo had appeared before the four-member panel of justices of the ICD for a ruling on whether he had a case to answer following a submission of no case to answer made by the defense lawyers earlier this year.
The submissions were made after the prosecution concluded presenting a total of 53 witnesses who pinned Kwoyelo on the war crimes and crimes against humanity charges. The other judges present during the ruling were Duncan Gaswaga, Stephen Mubiru, and alternate Judge Andrew Bashaija.
Kwoyelo’s defense lawyers submitted that the prosecution has not established a prima facie case in all the three categories of crimes charged in the indictment to warrant the accused person to be called to his defense.
They also argued that in all instances, there was insufficient evidence to establish a link between the accused and the acts attributed to him arguing that Kwoyelo never knew, or ordered the alleged attacks.
The judges, however, overruled the defense lawyer’s submission.
“For the above discourse, the objection raised by counsel for the defense is accordingly overruled,” Justice Michael Elubu ruled.
The court found that Kwoyelo has a case to answer in 78 charges related to War Crimes committed in violation of Article 3 common to The Geneva Conventions, the Penal Code Act, and Customary international law.
The crimes include enslavement, imprisonment, attempted murder, rape, torture, inhumane act, murder, outrages against personal dignity, violence to life and person, cruel treatment, and pillaging.
Kwoyelo will put his defense in three modes;- through an oath, no oath, or by keeping silent in court.
According to Justice Elubu, if Kwoyelo chooses to take an oath in bringing forward his defense evidence, he will be subject to cross-examination from the prosecution, but won’t undergo cross-examination if he doesn’t choose an oath.
Trial charges reduced from 93 to 78
The court also acquitted Kwoyelo of 15 charges of war crimes and crimes against humanity. He had been indicted with 93 counts of war crimes and crimes against humanity in 2018 by the ICD.
Caleb Alaka, Kwoyelo’s defense lawyer, told the court that the defense now requires more time to prepare their client to understand the 78 charges against him and asked for an adjournment.
Alaka said the defense team is considering presenting about 20 defense witnesses who will offer insights on their client’s childhood history, time in captivity, and his abduction at a young age.
Evans Ochieng, the accused defense lawyer, welcomed the court ruling, arguing that it is a reduced burden for their client whose charges have been lowered.
Ochieng is hopeful that Kwoyelo will offer a defense on the trial that will further see him being exonerated and acquitted over the charges.
“Kwoyelo had been charged with 93 counts, and after hearing over 70 witnesses, the court has found that he only has a case to answer in only 78. As a defense, that’s a reduced burden, and we believe he will be able to explain himself,” Said Ochieng.
Prosecution lost witnesses to death
Jacquelyn Okui, the Public Relations Officer in the Office of the Director of Public Prosecution (DPP), however, said the prosecutor encountered several challenges when adducing evidence, which saw them losing 15 cases against Kwoyelo.
According to Okui, several witnesses they had lined up passed on while others who were previously residing in the Internally Displaced People’s Camp (IDP) relocated.
“We are not surprised by the failure of the 15 charges because the prosecution encountered certain hurdles by the time of adducing evidence, this is because a number of our witnesses died, some of them relocated. At the time this case was being investigated, most of the victims or witnesses were in IDP camp, and by the time it came for trial, these witnesses had relocated,” Said Okui.
Justice Elubu adjourned Kwoyelo’s case until January 19, 2024 when he is expected to return to court for mention.
Kwoyelo has been in custody at Luzira Maximum Prison since 2009 after being captured by the Ugandan Army in the Democratic Republic of Congo (DRC) in March same year.
His trial commenced in 2018, and he is the first among the top LRA commanders to face a domestic court on war crimes and crimes against humanity charges between 1992 and 2005 in Kilak County in present-day Amuru district.
