The Independent Uganda: You get the Truth we Pay the Price
GULU, UGANDA | THE INDEPENDENT | Court assessors have asked Judges at the International Crimes Division of the High Court to convict former Lord’s Resistance Army rebel commander Thomas Kwoyelo alias Latoni over alleged war crimes and crimes against humanity.
Three assessors offered their opinions to the trial panel on Friday at the Gulu High Court circuit, a week after the court summed up all the laws and evidence in the case of Kwoyelo to them. The assessors, Franklin Odongkara, Daniel Ocen and Nighty Ajok have been taking part in the trial of Kwoyelo since their appointment in March 2019.
Kwoyelo is facing 78 counts of war crimes and crimes against humanity allegedly committed between 1993 and 2005 in Kilak County in Present Day Amuru District.
However, while rendering their opinions to the court, the assessors said they were convinced the prosecution had adduced enough evidence in 69 counts of charges against the suspect.
They told the court to disregard Kwoyelo’s defence alibi, find him guilty as charged and convict him accordingly on the 69 counts that relate to murder, kidnapping with intent to murder, pillaging, aggravated robbery, cruel treatment, enslavement, torture, rape, and outrages upon personal dignity.
The assessors however told the court that the suspect should be acquitted of nine counts of charges citing there wasn’t enough evidence adduced by the prosecution to pin Kwoyelo against the charges.
For instance, assessor Franklin Odongakara told the Judges that counts 2 and 87 relating to murder and violence to life and person as a violation of Article 3 (1) (a) Common to The Geneva Conventions under customary international law be dropped.
He reasoned that in count 2, the victim who was reportedly killed was a government collaborator while in count 87, not all elements of rape were proved beyond a reasonable doubt.
“We therefore advise this court, to find the accused not guilty and acquit him on this count as charged. This is our opinion my lords” said Odongkara.
In counts 85, and 84 relating to Torture and rape as a crime against humanity under customary international law, assessor Daniel Ocen asked the judges to equally drop the charges citing there wasn’t substantial evidence proved beyond reasonable doubt by the prosecution.
Assessor Nighty Ajok, in her opinion however noted that Kwoyelo should be acquitted on counts 52, 24, 23, and 17 relating to murder were contrary to sections 188 and 189 of The Penal Code Act and count 88 of rape contrary to sections 123 & 124 of the penal code act.
According to Ajok, the ingredients in the counts were not proved beyond reasonable doubt by the prosecution who asked the court not to find the accused guilty of the charges arguing that he should accordingly be acquitted.
A total of 53 prosecution witnesses were presented in the case to pin Kwoyelo who only presented four defence witnesses in April 2024.
Juliet Harty Hatanga, the Deputy Registrar of the International Crimes Division of the High Court told Uganda Radio Network on Friday that the assessor’s opinions reflect the ordinary person’s perspective on the case.
She says the opinion of the assessors may have a bearing on the judgement but notes that judges are not obliged to entirely follow it since the assessors aren’t legal experts.
“The judges’ opinions could differ from that of the assessors, or they could also agree. But the judges have a heightened responsibility to give a critical analysis of the evidence of exhibits because they put their legal minds on the matter,” says Hatanga.
Justice Michael Elubu on Friday adjourned the court until August 13 when the matter returns for final judgement. Other judges in the case are Justice Stephen Mubiru, Duncan Gaswaga, and Alternate Judge Andrew Bashaija.
About Kwoyelo trial
The prosecution alleges that between 1987 and 2005, the accused was at all material times a member of the LRA, an organized armed faction that engaged in fighting the Government of the Republic of Uganda. They alleged he held several command positions, and that due to his participation in numerous LRA operations, the accused was always in the know of the factual circumstances that culminated in the existence of this non-international armed conflict.
For instance, between 1992 and 2005, the prosecution alleged Kwoyelo was a military commander in the LRA and held several positions including commander of Operations, Director of Military Intelligence and in charge of all Sick Bays.
They contend that most of the time during his operations, the accused was based in Kilak Hills located in the present-day Amuru District adding that his areas of operation covered the whole of Kilak County and in these areas, he was a subordinate only to the overall leader of the LRA, Joseph Kony.
Kwoyelo was captured by the Uganda People’s Defence Forces (UPDF) soldiers in the Garamba National Park in the Democratic Republic of Congo in March 2009 and was subsequently brought to Uganda and detained at Upper Prison Luzira.
His trial commenced on November 12, 2018, in the High Court sitting in Gulu. Kwoyelo was initially indicted of 93 counts but on December 18, 2023, the trial panel found that he had a case to answer in respect to 78 counts and was consequently acquitted of 15 counts.
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