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.
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.