First defense witness completes his testimony with a cross-examination by the prosecution

At the ICC today, defense witness Yusuf Adek, a traditional leader from the Pageya clan, went through cross examination by the prosecution. Two days before he had undergone examination-in-chief (that is when a witness answers questions coming from the lawyer who called him/her to the court to testify) during which he went through the history of the LRA conflict, Kony’s way of living, peace talk negotiations and other dynamics of the LRA conflict.

Prosecution’s counsel Benjamin Gumpert asked Mr. Adek several questions during the cross examination. Among them were the Acholi norms regarding looting, killings of women and children, abduction and other issues like the LRA attacks on communities and escape from the LRA.

Mr. Adek told court that the Acholi culture does not allow killing of women, children and looting. In fact, “When you are going into the army, your mother tells you-do not kill a woman, donot kill a child, do not loot… the Acholi culture respects children, they consider a child an angel [Malaika]” he said. He also said the Acholi culture doesn’t allow burning of huts and abductions either.

He therefore argued that all these crimes are happening in the present days because soldiers are not following the norms. Gumpert also asked Adek of his knowledge of attacks waged in the areas of Koch, Padibe and Bolo and the mutilation of body parts such as the arms, ears and mouths and how he got to know about it.

Mr. Adek said he was not sure of exactly what happened in Koch and Padibe but he heard from a former Resident District Commissioner (RDC) who himself crossed one river three times during an attack in Bolo.

In response to the question of how hard it is for a soldier to escape from the LRA, Adek said he wasn’t sure, but a former commander- Okuti told him that it is very hard to escape. “…you fear to tell even your bodyguard” he recalled Okuti mentioning

Mr. Adek also narrated how the same RDC had mobilized community members to attack the LRA using machetes, spears, bows and arrows against his [Adek] advice, a venture which became a boomerang and caused him [RDC] to cross the same river three times after the LRA retaliated. The witness asserted that it was due to his effort that Kony reversed his decision of attacking Bungatira. Mr. Adek added that it was his effort that forced Kony to sermon his commanders against the planned attack.

“If they think machetes, spears, bows and arrows can win wars, why don’t they give machetes, bows and arrows to government soldiers?” Adek said.After the prosecution finished their cross examination of the witness, the defense was also allowed to ask the witness again pursuant to rule 140 (2) of the ICC rules of procedures which allows defense to ask their witness again, after being cross examined.

Adek’s testimony attracted questions from members of the public at the live screening in Gulu. For instance, one community member questioned why witnesses’oath are not taken in the open court. After the cross examination of Adek, defense called the second witness who was protected through face and audio distortion.