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State Concludes Submissions in Kwoyelo’s Trial

Florence Akello Owinji, the Assistant Director of Public Prosecutions told the court Wednesday that 53 state witnesses have so far been presented in the trial and noted they were closing witness submissions.
Thomas Kwoyelo smiles in the dock during his trial hearing at Gulu High Court in Gulu City Last year.

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The State has concluded its submissions in the trial of former Lord’s Resistance Army (LRA) rebel commander, Thomas Kwoyelo alias Latoni. This comes five years after the state started presenting prosecution witnesses to pin Kwoyelo who is facing 93 counts of charges of war crimes and crimes against Humanity at the International Crimes Division of the High Court.

Kwoyelo’s trial resumed Monday last week before the ICD sitting at Gulu High Court where the state had lined up five witnesses to testify against him. The last of the 53rd prosecution witnessed presented by the state on Wednesday in the trial was a police Intelligence officer and lead investigator on the charges against Kwoyelo. 

Other witnesses who testified in the one and half week trial included LRA war victims and a former Intelligence officer. Florence Akello Owinji, the Assistant Director of Public Prosecutions told the court Wednesday that 53 state witnesses have so far been presented in the trial and noted they were closing witness submissions. “My lord’s, we have reached the point where the prosecution is closing the case,” she told the court presided by ICD Justices Michael Elubu, Duncan Gaswga, Stephen Mubiru, and alternate Judge and head of ICD Dr. Andrew Bashaija.

Lilian Omara Alum, the Chief State Attorney told Uganda Radio Network in an interview that the state will now make a submission requiring the court to allow Kwoyelo to put up a defense against the allegations made against him.

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Initially, the state had lined up about 100 witnesses to testify in Kwoyelo’s trial, which has dragged on for more than a decade now. But Alum noted that they have scaled down the witnesses based on the strength of their testimonies.

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Kwoyelo’s Defence lawyer Evans Ochieng expressed happiness that the state has finally concluded the witness submission after such a long time. He says the defense team will now make a submission of no case to answer to court pointing to the respective areas in, which the prosecution has failed to provide substantial evidence and charges against their client.

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Ochieng also notes that if the court agrees with the defense on their submission, the court may quash the charges against Kwoyelo and set free their client.

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Caleb Alaka, Kwoyelo’s defense lawyer asked the court to adjourn the case to give the defense team time to prepare their submission before returning to court. He notes that the defense team requires time to go through the testimonies of the 53 state witnesses and also conduct research into Kwoyelo’s case, which has an international dimension and domestic customary law.

Justice Elubu consequently adjourned the court until June 26. The defense team is expected to file their submission by May 12, 2023, while Prosecution is to make a reply and serve court by May 26. Kwoyelo has been in custody for the last 13 years since his capture by the Uganda People’s Defence Forces during a battle in the Garamba Forest in the Democratic Republic of Congo (DRC).

He is the first top LRA commander undergoing trial at the domestic court and is accused of sexual violence, murder, hostage-taking and kidnapping, robbery, and pillaging among others allegedly committed between 1993 and 2005 in Pabbo and Lamogi Sub-counties, Amuru District.

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