Kwoyelo Case: Court Blocks State Efforts to Conceal Witnesses

Thomas Kwoyelo is charges with numerous counts related to Crimes Against Humanity

The International Crimes Division court (ICD) judge Justice Suzan Okalanyi has dismissed the application filed by the state prosecution seeking deductive disclosure in a bid to protect the witnesses in the matter where former LRA Commander Thomas Kwoyelo is indicted with 93 counts of crimes against humanity.

The application was opposed by the defense lawyers Dalton Oponya and Caleb Alaka on legal grounds.

Counsel Alaka argued that besides the application’s lack of legal basis, diagnosis the prosecution’s act of making such applications in the matter which was adjourned the previous day for a commencement of the pre – trial conferencing yesterday showed lack of preparedness.

State Attorney Florence Akello asked the judge that if the application was found wanting, to be allowed chance to file a fresh one.

In her ruling however, Justice Suzan Okalanyi pointed out that it was not right for the prosecution to make an application for deductive disclosure without providing any evidence for their request.

“This honorable court is enjoined with making provisions of protecting witnesses and victims and so this can only be regarded if such dangers were brought to court. It’s on that evidence that court could have relied on to either grant partial disclosure or to deny , therefore this formless application is dismissed” judge ruled.

The Judge ordered the Prosecution to make another formal application in which they have to state all their grounds for deductive disclosure 15 days before the next court sitting.

The case was adjourned to 22nd February for pre-trial conferencing and 23rd February 2016 for reading the charges against the accused person Kwoyelo, who was further remanded to Luzira Prison.



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