Kwoyelo’s Trial: Judges Hear Assessors Opinion Ahead of Judgement

Judges at the International Crimes Division of the High Court have convened a sitting at Gulu High Court to hear the opinions of assessors on the trial of former Lord’s Resistance Army (LRA) rebel commander Thomas Kwoyelo.

The session that was held on Friday is part of the court’s proceedings in a build-up to the August 13 final verdict to be issued by a trial panel of judges consisting of Michael Elubu, Duncan Gaswaga, Stephen Mubiru, and Andrew Bashaija.

Last week, the trial panel of judges summed up the law and evidence in Kwoyelo’s case for the three assessors’ who have been taking part in the trial of Kwoyelo since their appointment in March 2019. The assessors are Nighty Ajok, Franklyn Odongkara, and Daniel Ochen.

Juliet Harty Hatanga, the Deputy Registrar of the International Crimes Division of the High Court says the assessor's opinions reflect an ordinary person’s perspective on the case based on evidence presented in court since they are not legal experts. 

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Hatanga says the assessors are not the final decision-makers in the case but notes that the judges may take into account some of the opinions to form part of their judgment.

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Kwoyelo is facing 78 counts of war crimes and crimes against humanity charges and has been on remand since 2009 following his capture by the Ugandan army in March 2009 in the Democratic Republic of Congo.

He is the first LRA rebel commander facing trial in the domestic court on indictment relating to murder, kidnapping with intent to murder, pillaging, aggravated robbery, cruel treatment, enslavement, torture, rape, and outrages upon personal dignity. 

The accused has however denied all the charges alleged to have been committed between 1993 and 2005 Kilak Sub-County, Present day Amuru District.