By THE OBSERVER UG
The International Crimes Division (ICD) of the High Court has acquitted former Lord’s Resistance Army (LRA) rebel commander Thomas Kwoyelo, also known as Latoni, of 15 charges related to war crimes and crimes against humanity.
Justice Michael Elubu delivered the ruling on Monday at an ICD sitting in Gulu High Court circuit, citing insufficient or lack of evidence presented by the prosecution. The charges, including procuration of unlawful carnal knowledge, kidnapping with intent to murder, hostage-taking, and murder, fell under the penal code act and war crimes in violation of Article 3 common to the Geneva Conventions.
In 2018, Kwoyelo had been indicted with 93 counts of war crimes and crimes against humanity, ranging from murder and willful killing to taking hostages and extensive destruction of property. However, Justice Elubu ruled on Monday that Kwoyelo has a case to answer concerning only 78 charges. He ordered him to defend himself against charges such as enslavement, imprisonment, attempted murder, rape, torture, inhumane acts, murder, outrages against personal dignity, violence to life and person, cruel treatment, and pillaging.
Kwoyelo appeared before a four-member panel of judges at the ICD to determine whether he had a case to answer, following a defense submission earlier in the year. The defense argued that the prosecution had not established a prima facie case in all three categories of crimes and that there was insufficient evidence linking Kwoyelo to the alleged attacks.
Justice Elubu stated that Kwoyelo could choose to make his defense on oath, decide to give evidence not on oath, or remain silent. Kwoyelo’s defense lawyer, Caleb Alaka, requested an adjournment to guide his client through the charges and prepare for the defense. The court was adjourned to January 19 of the next year for further proceedings.
The defense lawyer welcomed the ruling, expressing relief for their client. They plan to present 15 to 20 witnesses covering aspects of Kwoyelo’s background, childhood, abduction, and his actions while in captivity.
The Office of the Director of Public Prosecutions (DPP) acknowledged losing 14 charges due to challenges encountered during the evidence-gathering process. Witnesses faced difficulties, including relocation, memory loss, and death, especially those who had lived in internally displaced people’s camps during the investigation.
Kwoyelo’s trial began in September 2018, and he has been in custody at Luzira Maximum Prison since 2009, captured by the Ugandan army in the Democratic Republic of Congo. He is the first top LRA commander facing a domestic court for crimes committed between 1992 and 2005 in Kilak county in present-day Amuru district.
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