The trial of former Lord’s Resistance Army (LRA) rebel commander Thomas Kwoyelo, also known as Latoni, commenced on Monday at the International Crimes Division of the High Court of Uganda in Gulu.

Kwoyelo is facing 78 charges of war crimes and crimes against humanity allegedly committed between 1992 and 2005 in Kilak County, which was part of Gulu District and is now in Amuru District.

The four-panel Judges of the ICD, consisting of Justices Duncan Gaswaga, Michael Elubu, Stephen Mubiru, and alternate judge Andrew Byabashaija, ruled on December 18, 2023, that Kwoyelo had a case to answer in 78 out of the 93 charges brought against him, thus requiring him to enter his defence. Kwoyelo appeared in the dock at approximately 9:50 am to begin his defence, marking more than five years since his trial commenced before the ICD in November 2018.

His defence lawyer, Caleb Alaka, informed the court during his submission that Kwoyelo would give an unsworn statement in court to defend himself against the 78 charges.

Alaka explained that the accused was given options regarding how he would present his defence, and he chose to give an unsworn statement. In a criminal trial, a suspect who opts for an unsworn statement is not subject to cross-examination.

However, Caleb also indicated to the court that while counsel typically plays a minimal role when a suspect chooses to give an unsworn statement, they intend to make an application for the rules to be bent to allow the defence to intervene in guiding Kwoyelo.

He argued that the trial is complex, involving 78 counts with numerous different incidents spanning a considerable period, and it is possible that the client may not recall all the details without assistance.

“We pray that the court allows the counsel for the accused to look at the record and guide the accused by reminding him of specific incidents on record and probably the specific allegations. After giving the accused that part of the records, he is left to give his defence without any question,” said Caleb.

Evans Ocheng, Kwoyelo’s defence lawyer on the other hand argued that Kwoyelo’s charges span over 20 years which makes it difficult for their client to properly remember all the incidences and the witnesses who testified against him.

Ocheng also notes that there was limited time for the accused from the time of the court ruling in December last year to go through all the evidence of the state and the charges against him.

Prosecution however objected to the defense application arguing that the accused person was accorded all the necessary time to prepare for the defense trial.

William Byansi, the State prosecutor told the court that the defence request is unclear arguing that while the defence lawyers pray only to remind the accused of the charges, they seemingly intend to lead the accused through the charges.

Byansi says since the accused has exercised his right to give an unsworn statement, he should play by the same rules without the involvement of the lawyers. “He cannot have his cake and also eat it. If he has chosen to give unsworn testimony, he should go by the rules,” he told the court.

The ICD judges are expected to deliver a ruling on the application made by Kwoyelo defence lawyers this afternoon.