Rédaction Africa Links 24 with The Observer
Published on 2024-04-16 18:04:06
Thomas Kwoyelo, a former Lord’s Resistance Army (LRA) rebel commander, is currently facing war crimes and crimes against humanity charges at the International Crimes Division (ICD) of the High Court. Recently, his defense lawyer, Caleb Alaka, filed an application seeking permission from the court to allow the defense team to guide Kwoyelo during his defense trial.
Alaka informed the court that Kwoyelo had chosen to present an unsworn statement as his mode of defense. This means that Kwoyelo would provide his defense without taking an oath and would not be subject to cross-examination. However, Alaka argued that due to the complexity of the case, with over 50 state witnesses and a decade-long history, the defense team needed to assist Kwoyelo in presenting his defense effectively.
Kwoyelo’s trial began in November 2018, with 93 counts of war crimes and crimes against humanity charges initially brought against him for alleged crimes committed between 1992 and 2005 in Kilak County, Amuru district. In December 2023, the court dropped 15 charges and confirmed 78 others, prompting Kwoyelo to prepare his defense.
The ICD deputy registrar, Harriet Harty Hatanga, revealed that Kwoyelo planned to present 15 witnesses, including former LRA fighters, expert witnesses, and community members who support his innocence. Nine of these witnesses’ identities were kept confidential for their protection. Hatanga expressed confidence in the progress of the trial and expected the defense presentation to conclude soon.
However, the state prosecutor, William Byansi, objected to the defense’s application, arguing that it violated trial procedures and disadvantaged the prosecution. Byansi suggested that the court should remind Kwoyelo of the indictment and evidence, but not assist with his defense.
In a ruling, Justice Duncan Gaswaga stated that since Kwoyelo had chosen to give an unsworn statement, he had forfeited the right to counsel assistance. Gaswaga emphasized that Kwoyelo could not have the benefits of an unsworn statement and defense guidance simultaneously. He also dismissed the defense’s argument about limited time, citing the Trial Indictment Act’s provisions on the mode of defense.
In conclusion, the court denied the defense’s application, emphasizing the mandatory requirements of the law regarding the accused’s chosen mode of defense. The trial continues as Kwoyelo prepares to present his defense without the assistance of the defense team.
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