The defence trial of Thomas Kwoyelo, a former commander of the Lord’s Resistance Army (LRA), commonly known as Latoni, started on Monday at the International Crimes Division of the High Court of Uganda in Gulu. Kwoyelo is facing a total of 78 charges related to war crimes and crimes against humanity allegedly committed between 1992 and 2005 in Kilak County, previously part of Gulu District and now in Amuru District.
The trial proceedings began after a ruling by a panel of four judges from the International Crimes Division, comprising Justices Duncan Gaswaga, Michael Elubu, Stephen Mubiru, and alternate judge Andrew Byabashaija, on December 18, 2023. The judges ruled that Kwoyelo had a case to answer for 78 out of the 93 charges brought against him, thereby initiating the defence phase of the trial. Kwoyelo appeared in court at approximately 9:50 am to defend himself, marking the continuation of his trial that commenced in November 2018 before the International Crimes Division.
Kwoyelo’s defence lawyer, Caleb Alaka, informed the court that his client would provide an unsworn statement in defence of the 78 charges leveled against him. In criminal trials, opting for an unsworn statement means that the suspect cannot be subjected to cross-examination. Alaka further indicated that given the complexity of the trial and the multitude of charges spanning over a considerable period, the defence may request intervention to guide Kwoyelo in his defence.
However, Evans Ocheng, another defence lawyer for Kwoyelo, emphasized the challenges faced by their client in recalling incidents and witnesses spanning over two decades. Ocheng highlighted the limited time available to Kwoyelo to review all the evidence and charges against him since the court ruling in December.
The prosecution opposed the defence’s application, asserting that Kwoyelo had ample time to prepare for the defence trial. William Byansi, the State prosecutor, argued that the defence’s request was ambiguous, suggesting that they aimed to guide Kwoyelo through the charges, contrary to the rules governing unsworn statements.
Byansi emphasized that if Kwoyelo chose to provide an unsworn statement, he must adhere to the rules without the involvement of lawyers guiding him through the process. The judges of the International Crimes Division are expected to deliver a ruling on the defence’s application later in the afternoon.
