By Andante Okanya
FORMER Lord’s Resistance Army (LRA) rebel Thomas Kwoyelo awaits his freedom tomorrow when he appears at the International Crimes Court in Gulu which is expected to release him following a Constitutional Court order.
The Constitutional Court in Kampala maintained its September 22 landmark ruling that Kwoyelo is entitled to his freedom. The International Crimes Court was also ordered to cease the trial that had started in Gulu.
Former LRA rebel leader Thomas Kwoyelo arrives at the Constitutional Court.PHOTO:Kennedy Oryema
The Attorney General(AG) had filed an application seeking to block Kwoyelo’s release from Luzira prison, pending the outcome of an appeal filed at the Supreme Court.It was heard on Monday.
But the court dismissed it, rejecting government’s claims that Kwoyelo is in contact with LRA financiers. The panel of three judges consisting of Constance Byamugisha, Stella Arach-Amoko, and Steven Kavuma, ruled that the AG had not given satisfactory reasons.
“We find that the applicant (AG) has not made out a case to warrant the grant of stay which he sought,” the judges said.
The ruling was delivered by assistant registrar Alex Ajiji. Kwoyelo was present in court together with is lawyers Caleb Alaka, Francis Onyango. Senior Principal State Attorney Joan Kagezi represented the AG.
Former Lord's Resistance Army rebel Thomas Kwoyelo listens to his lawyer Caleb Alaka (second right) and Samuel Muyizzi (right), after the Constitutional Court ordered the International Criminal Court Division of the High Court to release Kwoyelo, November.10, 2011. Photo:Kennedy Oryema
However, the judges declined to state the reasons for the dismissal of the application, explaining that the court’s computer system was experiencing technical difficulties. They said the reasons would be given at a later date.
In the landmark September 22 ruling, court declared that Kwoyelo is entitled to amnesty like others who abandoned rebellion, and should in effect not be tried.
The AG through Principal State Attorney Patricia Mutesi had purported that some LRA rebel financiers had visited Kwoyelo in Prison, where he is under state custody.
Government’s claims were supported by an affidavit of Police investigating officer Lawrence Ogen Mungu, who contended that Kwoyelo was likely to resume rebel activity either in Garamba eastern DRC where there is a known base of the LRA or to the Central African Republic where the rebel leader Joseph Kony is known to be operating.
But Kwoyelo’s lawyers Caleb Alaka and Francis Onyango, opposed the application, saying it was premised on baseless allegations. They reiterated that Kwoyelo genuinely denounced rebellion.
Kwoyelo was battling over 53 charges of murder, wilful killing, kidnap with intent to kill, aggravated robbery, and destruction of property.
The crimes were allegedly committed during the northern insurgency that spanned two decades, left many dead, while thousands were displaced, and permanently maimed.
