The trial of Dominic Ongwen continued on Tuesday, 03 October 2017, with the second day of the testimony of the 36thProsecution witness; Mr Timothy Nabaasa Kanyogonya – also known as Witness P-0038.
As a UPDF intelligence officer, Mr Kanyogonya testified about his role as liaison between the ICC and the UPDF, his role as Legal Officer of the Chieftaincy of Military Intelligence (CMI) of the UPDF and about the structure of the LRA.
In answering the questions posed by Defence Counsel Krispus Ayena Odongo, Mr Kanyogonya testified that the Ugandan government gave to the ICC information about 10 to 15 “notorious” LRA commanders; after which the ICC chose “on its own” 5 of those commanders.
Similarly, when asked about the conduct of UPDF commanders when evaluating the existence of exculpatory evidence, he answered “I do not know any commanders that carried out atrocities being members of the UPDF”.
Further, when asked how he could determine what was incriminatory or exculpatory in relation to Dominic Ongwen, considering that he did not have Ongwen’s arrest warrant at the time, the witness answered that he examined what was incriminatory and exculpatory “in relation to the LRA”, but not specifically “in relation to Ongwen”.
Later he stated that “what I can answer is general; that for each commander that the ICC was interested in we gave background information about them. Not just Dominic Ongwen”.
Mr Kanyogonya also testified that the purpose of his interview with OTP investigators in 2015 was to “update” the OTP on his status, and to “authenticate” the registration forms he had provided earlier.
In relation to his role as an intelligence officer, Mr Kanyogonya explained that his “core duties” are to provide legal advice to his chain of command, and not to get information about “operations in the field”.
“I am a middle ranking officer”, he emphasized.
Referring to his assistants, the witness also explained: “one of them would be managing contacts, for instance, gathering the evidence and any other [task], including what I would ordinarily do; if I’m not around I would task him to do it for me”.
During the second session of the day, Mr Timothy Nabaasa Kanyogonya was asked about internal structure of the Internal Security Organization (ISO) and, for that, he was heard in private session.
Back in public session, the witness was asked whether he delivered UPDF Situation Reports to the OTP.
Then, he stated: “the army is a secretive institution”, and that there was “no reason” he would give “information about the UPDF to the ICC”, because “the investigation was about the LRA”.
Lastly, regarding the structure of the LRA, Mr Kanyogonya said that “the LRA is not constituted as a regular army”.
He testified that the way he understood the LRA structure was that “Control Altar” was where the “LRA Chairman” had its command post, and then, there would be “about one division” and “about 4 brigades”.
“Dominic Ongwen was one of the brigade commanders”, he later added.
Mr Kanyogonya concluded his testimony by stating that Joseph Kony would give orders to “whoever he wanted to carry out an activity”.
The trial in the case of Dominic Ongwen will resume this Wednesday, 04 October 2017, with the testimony of Witness P-0081.