Court denies Kwoyelo request to narrate own version of facts

The former LRA commander is accused of 78 counts of War crimes and crimes against humanity

GULU | A panel of four justices presiding over war crimes trial of Thomas Kwoyelo have rejected the former LRA commander's defence lawyers application to involve themselves in questioning him.

This follows a request by the defense team to court to grant their them powers to question Kwoyelo as he presents unsworn statement during his defence trial.

After consultations with his defense team, Kwoyelo preferred to make unsworn statement in his defence submission.

An unsworn statement is a statement made by an accused person, setting out the accused's version of the facts, but which is not on oath and not subject to cross-examination.

However, the prosecution team had scoffed at the request, insisting that Kwoyelo cannot have his cake and eat it too.

And the judges agreed with the prosecution.

Kwoyelo is accused of 78 counts of War crimes and crimes against humanity

His  defense team led by Caleb Alaka, Dalton Opwonya, Evans Ochieng, and Boris Anyuru.

On the first day of defence hearing at the Gulu high court circuit was buzzing with activity as both the prosecution and defence teams waited for the accused to speak as witness number one in the defence submission.

"He has lawyers and we are simply asking the court to refresh his memory, we are not asking court to introduce something new," announced Mr Ochieng.

Kwoyelo's other defence lawyer Alaka also sought for the court to put into consideration their plea.

"Let's give him a reasonable opportunity which will not give him advantage to the prosecution," he prayed.

Showing the pieces of paper torn from an exercise book used by Kwoyelo to communicate with his lawyers, the defence argued that the trial is of was peculiar.

However, the prosecution team declined to accept the request of the defense lawyers for the former LRA commander to be asked leading questions while making his unsworn testimony.

"He cannot have his cake and then eat it, he has been accorded all the necessary facilitation to prepare his defence right from the time this trial began," said Mr William Byansi, a prosecution lawyer.

The Deputy Registrar of the International Crimes Division of the High Court, Ms Juliet Harty Hatanga, said she could not go against the rule of subjudice.

"I implore the public to follow the court proceedings on the webinar and livestream on YouTube," Hatanga said.

The prosecution team based their decline on the fact that Kwoyelo trial has taken way too long and the defence lawyers should have had enough time to brief the accused.

The decision of the panel of justices delivered by Justice Duncan Gaswaga declined the defence's application.

The ruling by the judges left Kwoyelo gnashing his teeth in disappointment.

The defence team asked for time to talk to him and the court was adjourned to today April 16.

Thomas Kwoyelo is charged with 78 counts of war crimes and crimes against humanity that he allegedly committed while serving as a Colonel in the rebel camp with Joseph Kony leader of the LRA army.