UGANDA:   WE ARE READY FOR APPEAL- KWOYELO DEFENSE COUNSEL DECRIED AS COURT ASSESSORS ACCUSED TO BE DOCTORED.

CAPTION: Thomas Kwoyelo from extreme left, chart with his team of Lawyers, Geoffrey Anyuru, third right, Clab Alaka, second right, extreme right Ocheng) moment after their highlight of court submission a month ago

“Instead for the court assessors to advices ICD court, I.C.D Court registrar lock in the Court Assessors for an hour in their office, when assessor failed to deliver her summing up submission.

“My son Kwoyelo is now a ram, he was a good man to us, but now he is facing the atrocity committed in Uganda, the world has closed on him.” Roselyn Oyella, 101 years old, Kwoyelo mother lamented.

GULU CITY-MONDAY August 12, 2024

By Okumu Livingstone Langol

Tuesday, August 13, 2024. Is going to be a landmark ruling for the people of Northern Uganda as the four Judges will decide on their verdict to convict or set the former Lord Resistance Operation Army Commander free.

Ongee Peter Pa’ Adok, 60 years old, is a Market Vendor in Gulu City Main Market dealing in second hand clothes says the issues of Kwoyelo are not going to help us, because the conviction of Thomas Kwoyelo will not have an impact in the region.

“The International Crimes Division, first of all, is not known unlike the International Criminal Court, (ICC), the people have no respect for it.” Ongee Peter reasoned.

Walter Okwera, handout clothes seller in Gulu Main Market when contacted by The Guardian News, first of all laughs.

“I see that the Judges of the I.C.D have already made up their mind to convict Thomas Kwoyelo, , my augment arose  socio-political economy , he alleged that the Judges had agreed, no any amount of defense witnesses is going to be against the position made already.”

A group of 10 boda boda who sit opposite Gulu City, Main Market, when contacted for their opinion, say they are not a party for whatsoever happening in ICD court.

“We don’t have any comments.” They spoke in unison.

Stephen Olanya, Local Council I for    Green Valley, parish, Bardege Layibi City Division when contacted by the Guardians News. Says his interest is only one on Thomas Kwoyelo, let the I.C.D release him, and he has no case to answer.

Because it was not only Kwoyelo who have committed war crimes, against Humanity, in Northern Uganda, how about the former LRA commanders who are walking free on Gulu City streets, even Uganda People Defense Forces (UPDF) commander including president Museveni, they have committed crimes against Humanity War crimes, but they are not being arrested.

“Kwoyelo was arrested when he was 12 years old, like any other former child soldiers, he has to be set free. In 1986, president Museveni when he entered Lamogi Sub County, he killed 30 people, he should have faced I.C.D court, who buried over 100, people alive in mass graves in Burcoro, Piacho Sub County. And Mukura railway station in Kumi district, not the then National Resistance Army?” Olanya warned.

Alex Bongojana, a business man in Gulu City, says it is really true Thomas Kwoyelo was arrested by the Holy Spirit Movement in 1992, on his way from school. Then he deserved being a freeman, otherwise the world has condemned him and entirely he was associated with a lot of issues.

“Kwoyelo was arrested when he was young, in 2009 when he surrendered to UPDF, instead the Uganda Army denied him Amnesty which is still in place, locked him for 16 years incommunicado, why are they still wanted to lock him furthermore. The year he spends in the cell is enough.” Bongojana lamented.

Retired Senior Civil Servant, James Latigo 78 years old, says the judges have to look and review the witnesses case by case.

“This depends on witnesses and defense team lawyers, how the defense lawyers handled from the guilty position to the will of judges.” Latigo reasoned.

He further drives in the detail, says if the Assessors advises court that Kwoyelo has spent one and half decades inside without being convicted, judges will pass their judgments based on the Assessors advice.

Other options, president Museveni will consider Kwoyelo case among the long capital convicts he has been pardoning, so the former LRA commander Kwoyelo may be lucky.

Dalton Charles Opwonya, Thomas Kwoyelo lead Lawyers on August, 2, 2024 soon after the three Court I.C.D Assessors summing up their submission on Kwoyelo. The Guardians News catches up with one on one.

Dalton Charles Opwoya, what is the summing up of I.C.D court Assessors?

To me the two courts Assessor gave their advice to the court based on the strength of witnesses, their merit and demerit.

The last Assessor, Nighty Ajok, made the worst assessor, she failed to deliver.

This lady called Nighty, when her turn comes for giving her summing up submission, she failed mid way, and she was called inside court

“She was called in the Registry office and they spent an hour on what they were doing. Instead of the Assessors to advise the court, now the Assessors are doctored by the Registrar of ICD, one translator completely does not know how to translate English into Lwo language.” Danton Opwoya wondered.

D

Deputy DPP far left, second left Komakech Kilama, and other two state Prosecutors at the moment of happiness, after their highlight summary submission in court

Lead Counsel of the defense, Opwoya clashes with Nighty Ajok, the Assessor on count 93, interjected where the Justice Elubu also ask the Assessor on count 88, the accused counsel says the PW 48 say when the issues was raised to her she agreed that count 93 PW48 testified that she has to agreed to be the wife of the accused.

PW48 did not proofed the indulgent, however, in count 93 PW, PW94, Proofed this indulgent beyond reasonable doubt that through indulgent is the principle of the count 88, PW 48, did proofed that the case of rape of count 88 with the accused, court not to find the accused guilty.

Also Opwonya argued that therefore, we advise this court not to find the accused guilty, the state prosecutor has proved beyond reasonable doubt, the SNS did not prove that did not refuse the accused also agreed that he has been having sex with all the women, and he apologies. Therefore the court proof that the accused to be find guilty on rape, on count 93, convict him and sentence to court.

Finally, “Court Registrar should not coach Assessors

Geoffrey Anyuru, equally lost hope by mere observation, although he did not comment, source who is close to him revealed the defense counsels teams they are only waiting to judges by the ICD, to convict their client Thomas Kwoyelo, then they will proceed to court of Apelles, sources indicated.

Wilfred Obali Jwee, the former Director of Program under PRDP, says if he has got all the due diligence or court procedure, then we lay people we cannot oppose the court position.

If the assessors were assessed rightly and they were found competent citizens to advices the court, then no problem. But, all in all I still feel they are standing on one side because they never and they were following orders.

“Other than Kwoyelo as an individual who has committed crimes we feel the Amnesty should have benefited from it when he surrendered to UPDF in 2009 given that he was abducted when he was 12 years old. Indoctrinated to all evil Acts, I feel his boss would have taken all responsibility, but all the same”

On August 2, 2024. Three I.C.D court Assessors appeared before four Judges summing up their submission Franklyn Odongkara, Ochen Daniel and Ajok Nighty all made their submission.

Franklyn Odongkara first made the short to present his summing up, says the first category is the great Law of Geneva convention, second category is going to be crimes against Humanity, and that one will be one Alternative justice.

Odongkara says Ajok is going to handle the first convention, the accused Thomas Kwoyelo Latoni changed with 18 counts, that first murder 8, 2,51,16, and 75.

Two of the pillages 13-17 counts and three counts of cruel treatment counts of 43,48, and 72, two of violent life counts 87 and 92.

6 counts of outrages against human dignity, counts 44, 49, 73, 88, 86 and 91.

My lord on the just counts of murder, the following international law to be proof and he was short by the assistant, to us we have proof that the accused committed crimes.

The third element, whether the dead occurred during arms conflict PW1,PW2, Pw 3, PW25,PW 31,PW48, Pw 52 all talk about the conflict between LRA and UPDF. Pw1 where the accused also confirmed that Arms has been the two.

The fourth element is that the death must have had a connection with the war; we found it with doubt, the state prosecutor made proof whether the deceased worked with UPDF. Because of the death of the deceased.

Roselyn Oyella, 101 years old, says her son left home for schooling like other children, now condemned to self made Uganda Military prison.

Tomorrow the world will celebrate human rights as he will be convicted to either life in prison, or more than 20 years.