Thomas Kwoyelo’s bail application hearing postponed again

Former Lord’s Resistance Army commander Thomas Kwoyelo appeared at the International Crimes Division of Uganda’s high court sitting in Gulu for his bail application hearing on 15^th November, however, the hearing did not take place because defense requested for an adjournment. Defense lawyer- Dalton Opwonya said legal representatives of victims demanded for more time during a status meeting held before the start of the session in the chambers. He actually said, following a ruling that was made on Wednesday 14, allowing some victims to participate in the trial, there is need to give victims’ counsel time to consult their clients before the bail application can be heard. He added that the prosecution had also just received particulars of Kwoyelo’s sureties therefore they needed time to review and verify, and that being a sensitive case, there is need for defense to do thorough legal research on the matter which also needs time.

Kwoyelo is facing 93 counts of war crimes and crimes against humanity confirmed by the pre-trial judge on August 30 thereby paving way for the main trial to kickoff. On November 13 the accused denied all the charges. He is being prosecuted for violating Customary International Law and the Penal Code Act due to war crimes and crimes against humanity alleged committed in Pabbo during the conflict in Northern Uganda.

While responding to defense’ submissions, prosecution lawyer- William Byansi asked court to dismiss the bail application because the defense was not ready, but he agreed on behalf of the prosecution to the need for more time for victims representatives to consult their clients. Defense counsel Dalton Opwonya denied not being ready for the bail hearing noting that it’s due to victims counsel request for more time to consult their clients, “it must be respected,” he said.

Victims lawyer Henry Kilama agreed with the defense request for an adjournment stating that, “It is in the best interest of victims to be catered for… In all fairness all parties should be given a chance,” Kilama said. He requested court to order the registrar of the court to facilitate victims counsel to consult their clients.

In her ruling therefore, lady justice Jane Kiggundu who presided over proceedings noted that prosecution needs time to verify information of the sureties and victims counsel needs time to consult the victims on their views as regards Kwoyelo’s bail application. She then ordered that; the registrar should facilitate victims lawyers to meet their clients and that for every document to be served, it must be within a reasonable time frame. The bail application hearing was adjourned to 18^th January 2019.

Meanwhile on Wednesday 14^th court delivered its ruling on victims applications gathered and presented to the court by legal representatives of victims to allow them participate in the trial. In the ruling, the trial panel ruled that using pass-fail evaluation, participant group referred to as ‘A’ met the criteria to be admitted to participate while those referred to as ‘B’ did not meet the criteria and those referred to as ‘C’ can reapply upon obtaining further better particulars. The ruling took place at the ICD sitting at Gulu High court.