State lines 120 witnesses to pin former LRA commander Kwoyelo

Defence. Former LRA commander Thomas Kwoyelo (left) with his lawyers at Gulu High Court recently. PHOTO BY JULIUS OCUNGI

What you need to know:

  • Justice Gaswaga announced that the court will adopt new procedures, including incorporating victims’ direct participation in proceedings, the same way it is done at the International Criminal Court (ICC).

Gulu. The state has lined up 120 witnesses to testify against former Lord’s Resistance Army (LRA) commander Thomas Kwoyelo, a three-judge coram of the International Crimes Division (ICD) disclosed yesterday.
UPDF arrested Kwoyelo in Garamba National Park in the Democratic Republic of Congo (DRC) in 2009, shortly after launching Operation Lightning Thunder to destroy the rebels’ lair there.
Kwoyelo was later charged with 93 counts of rape, kidnap, murder, enslavement and torture, among others.

The offences, which were confirmed at a pre-trial stage by Justice Susan Okalany on August 30, are alleged to have been committed between 1993 and 2005 in Pabbo Sub-county, Amuru District.
While meeting stakeholders at Gulu High Court yesterday ahead of the commencement of Kwoyelo’s trial, Justice Michael Elubu, one of the trial judges, revealed that prosecution has up to 120 witnesses ready to pin the accused.
Other trial judges are Jane Kiggundu and Duncan Gaswaga.

Kwoyelo’s trial will last two years, according to the judges.
“If you have about 120 witnesses, you are dealing with a minimum of two years to finish the case,” Justice Elubu said yesterday.
He noted that the court is keen to ensure that the case is resolved expeditiously.
“When we are dealing with justice issues, they are a bit complicated. We can only estimate; there are so many factors that come along the way. Many rulings, many applications can come in and can stop the trial, some of these things can even shorten the trial,” he said.

ICC procedures
Justice Gaswaga announced that the court will adopt new procedures, including incorporating victims’ direct participation in proceedings, the same way it is done at the International Criminal Court (ICC).
“These new procedures will help us get closer to the ICC [standard] where Dominic Ongwen (another accused LRA ex-commander) is facing trial currently,” he said.
Both prosecution and defence witnesses will be afforded maximum protection, he said.

Justice Kiggundu also said the court will ensure Kwoyelo’s trial is “fair and expeditious”.
“It (trial) will be conducted with the full respect of the rights of the accused and due regards for the protection of victims’ witnesses, children and women,” she said.

About the trial

The trial. Kwoyelo, who has been in detention at Luzira prison since 2009, becomes the first top ex-LRA commanders to be tried at ICD for crimes committed in northern Uganda during the two-decade insurgency.

Lawyers. He is being represented by lawyers Caleb Alaka and Evans Ochieng while Charles Kamuli, William Byansi and Florence Akello lead prosecution.