The High Court International Crimes Division has ruled that ex Lord’s Resistance Army – LRA commander Thomas Kwoyelo, also known as Latoni, has a case to answer in 78 out of 93 charges. The prosecution has successfully secured this ruling.

Loss of the 14 counts is attributed to death, relocation, loss of memory, and advanced age of some prosecution witnesses who could not testify. The matter has been adjourned to 19th January 2024 for mention.

Kwoyelo Thomas alias Latoni was being prosecuted by the Office of the Director of Public Prosecutions (ODPP) for 93 crimes including Crimes Against Humanity and War Crimes among others committed during the rebellion of the Lords Resistance Army (LRA) against the Government of Uganda from 1992-2005.

Following the ruling, Kwoyelo Thomas alias Latoni will be defending himself in 78 offences including grave breaches of the Geneva Conventions including Murder, Pillaging, Cruel treatment, Violence to life, Outrages against the dignity of a person under the Geneva Conventions Act of 1964, Crimes Against Humanity under customary international law including Torture, Rape, Enslavement, Imprisonment and Other inhumane acts, crimes under the Penal Code Act including Murder, Attempted murder, Rape, Kidnap with intent to murder, and Aggravated Robbery.

A panel of four judges is hearing the case and comprises Justice Michael Elubu – Head, Justice Stephen Mubiru, Justice Duncan Gaswaga and Justice Andrew Bashaija.

Details of the case

In a ruling delivered on Monday at the ICD sitting in Gulu High Court Circuit, Justice Elubu noted that the 14 charges were dropped due to insufficient, or lack of evidence presented by the prosecution. They include procuration of unlawful carnal knowledge, kidnapping with intent to murder, Hostage-taking, and murder under The Penal Code Act, and War Crimes committed in violation of Article 3 of The Geneva Conventions.

Justice Elubu however ruled that Kwoyelo has a case to answer concerning the remaining 78 charges and ordered him to put up a defence on the counts. Kwoyelo had appeared before the four-member panel of judges of the ICD for a ruling on whether he had a case to answer following a submission made by the defense lawyers earlier this year.

The other judges were Duncan Gaswaga, Stephen Mubiru, and alternate Judge Andrew Bashaija. The defense lawyers submitted that the prosecution has not established a prima facie case in all three categories of crimes in the indictment to warrant the accused person to be called to his defense. They also argued that in all instances, there was insufficient evidence to establish a link between the accused and the acts attributed to him, arguing that Kwoyelo never knew of or ordered the alleged attacks.

The judges however overruled the defence lawyer’s submission. “For the above discourse, the objection raised by counsel for the defense is accordingly overruled,” Justice Michael Elubu ruled. In his ruling, Justice Elubu notes that Kwoyelo has a case to answer in 78 charges related to War Crimes committed in violation of Article 3 common to the Geneva Conventions, the Penal Code Act, and customary international law.

The crimes include enslavement, imprisonment, attempted murder, rape, torture, inhumane act, murder, outrages against personal dignity, violence to life and person, cruel treatment, and pillaging. Justice Elubu notes that while putting up his defense, Kwoyelo will have to choose the options he will use for making a defense.

He says Kwoyelo can choose to make his defence on oath which will attract cross-examination from the state decide to give evidence not on oath and escape cross-examination or also choose to remain silent. “Any one of these modes you chose, you are at liberty to call your witnesses,” says Justice Elubu. Kwoyelo’s defense lawyer, Caleb Alaka,  prayed for an adjournment so that they take their client through the 78 charges and guide him on what he doesn’t remember and the testimonies of some state witnesses.

Alaka also notes that the defense intends to bring in between 15 to 20 witnesses who will cover the aspect of their client’s background, childhood, abduction, and issues surrounding his operation while in captivity. Justice Elubu consequently adjourned court to January 19 when Kwoyelo will return to court for mention in his case before a date for a defense hearing is fixed.

Evans Ochieng, the accused defence lawyer welcomed the ruling saying it’s a relief for their client. He says their client will now be able to offer a defence on the remaining charges adding that they are hopeful he will be exonerated of more charges.

Jacquelyn Okui, the Public Relations Officer in the Office of the Director of Public Prosecution (DPP) says they lost the 14 charges against Kwoyelo because the prosecutor encountered several challenges during the time of adducing evidence. She says some of the witnesses during the investigation were living in the Internally Displaced People’s Camp (IDP) but relocated while others developed memory loss, and some died.

Kwoyelo’s trial commenced in September 2018 and has been in custody at Luzira Maximum Prison since 2009 after being captured by the Ugandan Army in the Democratic Republic of Congo (DRC) in March same year. He is the first among the top LRA commanders facing a domestic court on crimes between 1992 and 2005 in Kilak county in present-day Amuru district.