Rédaction Africa Links 24 with The Observer
Published on 2024-04-15 17:00:17
The defence trial of former Lord’s Resistance Army rebel commander Thomas Kwoyelo alias Latoni began today Monday before the International Crimes Division (ICD) of the High court sitting at the Gulu High court circuit. Kwoyelo is facing 78 charges of war crimes and crimes against humanity that he allegedly committed between 1992 and 2005 in Kilak county, then Gulu district now in Amuru district.
The four-panel judges of the ICD comprising justices Duncan Gaswaga, Michael Elubu, Stephen Mubiru, and alternate judge Andrew Byabashaija on December 18, 2023, ruled that Kwoyelo had a case to answer in 78 out of the 93 charges and was put on defence. Kwoyelo entered the dock at about 9:50 am to defend himself, more than five years since his trial commenced before the ICD in November 2018. His defence lawyer Caleb Alaka informed the court that Kwoyelo will give an unsworn statement in defense of the 78 charges against him.
Under the criminal trial, a suspect who chooses to give an unsworn statement may not be subjected to cross-examination. Alaka mentioned that they intend to make an application for the rules to be bent to allow the defense to guide Kwoyelo since the trial involves a total of 78 counts with many different incidents spanning over a considerable period. Evans Ocheng, Kwoyelo’s defence lawyer, argued that it is challenging for their client to remember all the incidents and witnesses who testified against him due to the charges spanning over 20 years.
Prosecution objected to the defense application, stating that the accused person was given adequate time to prepare for the defense trial. William Byansi, the state prosecutor, emphasized that since Kwoyelo chose to give an unsworn statement, he should follow the rules without the involvement of the lawyers. Byansi also highlighted that the accused has received all the necessary facilitation to prepare his defense from the trial’s beginning.
The defense trial of Thomas Kwoyelo has been a lengthy process, with numerous witnesses testifying over five years. The complexity of the case and the time span of the alleged crimes have posed challenges for Kwoyelo and his legal team in preparing the defense. The court is now faced with a decision on whether to allow the defense to guide Kwoyelo during his unsworn statement or to stick to the standard rules of the trial process.
The outcome of the defense trial will have significant implications for Kwoyelo and the victims of the war crimes and crimes against humanity he is accused of committing. As the trial progresses, the court will need to carefully consider the arguments presented by both the defense and the prosecution to ensure a fair and just outcome.
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