A panel of Judges of the International Crimes Division of the High Court (ICD), sitting at Gulu High Court, on Monday ruled that former commander of the Lord’s Resistance Army (LRA), Thomas Kwoyelo, has a case to answer in 78 out of 93 charges.
The ruling was delivered by Judges; Michael Elubu, Duncan Gaswaga, Stephen Mubiru and Alternate Judge Dr Andrew Bashaija.
The Deputy Registrar of the International Crimes Division, HW Juliet Harty Hatanga, coordinated the session.
The prosecution team was led by the Deputy Director of Public Prosecutions; Mr George William Byansi, together with the Assistant DPP Mr Charles Richard Kaamuli, Assistant DPP, Ms Florence Akello and the Chief State Attorney Ms Lillian Omara. The defense team is comprised of; Mr Evans Ochieng, Mr Caleb Alaka, Ms Jane Amooti and Mr Charles Dalton Opwonya.
The ruling comes eight months after the State closed the presentation of 53 witnesses pinning Thomas Kwoyelo for crimes allegedly committed between 1993 and 2005 in Pabbo and Lamogi sub-counties in present-day Amuru district.
Kwoyelo alias Latoni, was captured by the Ugandan Army in the Democratic Republic of Congo (DRC) in March 2009. He was being prosecuted by the Office of the Director of Public Prosecutions (ODPP) for 93 crimes including Crimes Against Humanity and War Crimes among others committed during the rebellion of the Lord’s Resistance Army (LRA) against the Government of Uganda from 1992-2005.
Kwoyelo’s trial commenced on 24th September 2018, with the first prosecution witnesses testifying in March 2019. He has been on remand for nearly 14 years.
Yesterday, the court confirmed a total of 78 out of the 93 charges.
Following the ruling, Kwoyelo Thomas alias Latoni will be defending himself for 78 offences including Grave Breaches of the Geneva Conventions including Murder, Pillaging, Cruel treatment, Violence to life, Outrages against the dignity of a person under the Geneva Conventions Act of 1964, Crimes Against Humanity under customary international law including Torture, Rape, Enslavement, Imprisonment and Other inhumane acts, crimes under the Penal Code Act including Murder, Attempted murder, Rape, Kidnap with intent to murder, and Aggravated Robbery.
The panel, however, dropped 15 charges because there was no sufficient evidence from among the 53 prosecution witnesses to validate the cases against Kwoyelo.
“Loss of the 14 counts is attributed to death, relocation, loss of memory, and advanced age of some prosecution witnesses who could not testify,” said Jacquelyn Okui, PRO-Office of the DPP.
He is accused of murdering Obalo Bicensio, Arop Jerimiah, Obol Vincent, Arop Daniel, and one Charles, all residents of Abera village, Parubanga parish, Pabbo sub-county in Gulu.
He is also alleged to have kidnapped Menya Odong, Ongom, Omoyo and Oryem Quirino with intent to murder.
After consulting with his lawyers, Kwoyelo asked to be given between three weeks to a month to prepare his defence witnesses
Judge Elubu set January 19, 2024, as the date for the mention of the case.
This case is being prosecuted by George William Byansi-Deputy DPP, Charles Richard Kaamuli-Assistant DPP, Florence Akello-Assistant DPP and Lillian Omara Alum-Chief State Attorney. A panel of four judges is hearing the case and comprises Justice Michael Elubu-Head, Justice Stephen Mubiru, Justice Duncan Gaswaga and Justice Andrew Bashaija.
The accused is represented by Caleb Alaka-Senior Counsel, Evans Ochieng-Senior Counsel, Dalton Opwonya and Boris Geoffrey Anyuru-Counsel. Counsel Amooti Jane Magdalene and Henry Komakech Kilama are the victims’ counsel.
