Confirmation
of charges hearing postponed; Kwoyelo wants to change lawyers
The confirmation of charges hearing against
Thomas Kwoyelo has been postponed to July 23, 2018, due to lack of quorum from
the defense team; only one lawyer representing the accused showed up for the
hearing at the International Crimes Division-ICD sitting at the High court in
Kampala on Monday 11th June, 2018. Note that the defense team
comprises of four lawyers, two of whom were selected through state brief and
the others by the accused himself. This defense team has consistently failed to
attend three consecutive court sessions, the most recent being that of 11th
June 2018. While responding to the Judge Hon. Justice Susan Okallany, Dalton
Opwonya the only counsel present at the time argued that letters were served
late: “We were informed through an email
about a month ago, and although a physical summon was required, it was
submitted to us a week ago. We are not ready to proceed because other defense
lawyers couldn’t make it, and for the accused to have his rights properly, his
representatives should all be present,” Opwonya argued.
Kwoyelo is currently facing 93 counts of war
crimes and crimes against humanity allegedly committed during the 20 year
conflict in northern Uganda.
The defense also noted that they received
documents from the prosecution showing that they wanted to amend the
indictment. “I learnt later, and my
client Kwoyelo was surprised to know,” Opwonya said. It should be noted
that the current indictment has already been amended several times. The defense
further requested that a translator be assigned to translate the charges for
the accused while in prison and hearing dates to be announced to Kwoyelo in
time. Both the prosecution and victims’ counsel did not object these
submissions. They agreed that for the interest of justice the defense’ prayers should
be granted.
Meanwhile during the session Thomas Kwoyelo
expressed discontent in the court procedures categorically stating that he was
only informed of the hearing a day before: “I
would like to know the proceedings of this hearing. I just received a letter
today about this session. I would like to know why they can’t inform me in
time. My concern is that I should be served with documents as required if truly
I am the one being tried.” Kwoyelo angrily said.
He also asked court to allow him change lawyers,
a request that was granted although he has to follow the required legal
procedures. Kwoyelo said he would like to reinstate his previous
lawyer-Nicholas Opio and that he already made contact with him.
The judge hinted on the lack of seriousness
of the defense lawyers, “The lawyers whom
you selected yourself did not give you a copy of the documents; it means they
are not good lawyers; they have missed three sessions. You have to summon and
talk to them because it seems they have left you alone. Your request is valid
though.” She noted. The Judge further advised Kwoyelo to get lawyers who
are more committed to his case because in her view the current lawyers are not.
She also gave Kwoyelo a last chance to present lawyers of his choice in the next
hearing.
The
judge gave a clear time frame for presenting skeleton submissions by all
parties. The confirmation of charges hearing was adjourned to 23rd
July, 2018.
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