Thomas Kwoyelo’s bail hearing at the International Crime Division postponed

On November 6, the International Crimes Division (ICD) of the High Court of Uganda convened at the ICD court in Kololo for a bail hearing of former Lord Resistance Army (LRA) commander Thomas Kwoyelo, who through his defense lawyers filed for bail recently in an application written to the trial panel.

Kwoyelo is facing 93 charges of war crimes and crimes against humanity confirmed by the pre-trial judge on August 30 thereby paving way for the main trial to open on September 24, 2018 but it was cut short due to defense objections that the accused was not fully aware of the charges against him due to a poorly translated indictment to the accused. The trial panel was forced to adjourn reading of charges and plea taking to November 5 in order to give time for proper translation to Kwoyelo in Acholi language. The charges result from his alleged role as a top LRA commander during the war in northern Uganda. He has been in detention since the Ugandan army captured him in 2008, and his trial has progressed at a slow pace.

Kwoyelo through his defense lawyers however applied for bail recently and court had to handle the matter before the main trial resumes thereby forcing the trial panel to hold a bail hearing instead, on November 5^th a date which was earlier scheduled for reading of charges and plea taking.

In his preliminary submission however, defense lawyer Charles Dalton Opwonya asked for an adjournment because the defense was not ready to proceed with the bail hearing. “Our main surety Gilbert Oulanya-MP Kilak County travelled outside the country on official duties and Counsel Anyuru [another defense lawyer] who is mobilizing sureties is sick.” He said. Opwonya added that the defense is aware that the trial will begin on 12^th November, “A trial which will take a long time…we are also aware that the accused has already been incarcerated for 9 years that is why we are interested in this application.” Counsel Opwonya added.

The prosecution team on their part was ready to proceed with senior state attorney William Byansi asserting that, “we came ready to proceed and already filed a reply.” The prosecution expressed their disappointment with the defense; in fact, prosecution lawyer Byansi mentioned that, “It’s unfortunate that the applicants themselves are not ready to proceed.” The prosecution went ahead to say that under normal circumstances, they would have prayed for dismissal of the motion, but due to the uniqueness of the case and also many interests, they shall accommodate the adjournment so that defense’s interest be given an opportunity.

Legal representative of victims Henry Kilama on the other hand insisted that victims’ counsels were not served with the motion by the defense despite the fact that they managed to appear in court; a claim which was refuted by the defense who insisted that victim’s lawyers were served with hard copy documents. Henry Kilama also emphasized the need for victim participation to be taken seriously through facilitating the victims’ lawyers to reach out to the victims before the trial resumes on 12^th this month.  He further noted that an adjournment would give more time to interface with the victims; In addition, Counsel Kilama said that, the trial panel should consider best interest of victims in their rulings. “The adjournment should be allowed.” Kilama said in agreement with the defense’ request.

Another defense lawyer Caleb Alaka in his response to victims’ lawyers, held that victims’ participation in particular is contrary to the law at this point because the accused is still innocent until he pleads guilty which has not yet been done. Alaka also emphasized that court should consider the uniqueness of this case while delivering rulings.

Kwoyelo’s case is the first war crimes trial in the history of Uganda, and the ICD has had to create new rules of procedure that allow for victim’s participation and other requirements that arise out of Uganda’s international law commitments.

In her ruling judge Jane Kiggundu who presided over the proceeding ruled that, considering the submissions from all sides as well as the laws applicable in which the presumption of innocence is entrenched; she agreed with the defense request for an adjournment. “I agree with the submission of the defense counsel…the accused is therefore remanded in custody until November 15,” when the bail hearing will resume, she ruled. The main trial which resumes on November 12th will proceed concurrently with the bail hearing which will resume on November 15^th, 2018