ADF commander's continued absence derails trial committal

Apr 08, 2024

On Monday, April 8, 2024, the magistrate extended the production warrant to April 29, 2024.

Abdul Kyoto was expected to be committed to the International Crimes Division of the High Court to stand trial on two counts. File photo

Michael Odeng
Journalist @New Vision

A veil of mystery surrounds the case of the tourists murdered in Queen Elizabeth National Park as the main suspect continues to be a no-show despite multiple production warrants to appear in court.

The court presided over by Nakawa Chief Magistrate Erias Kakooza has issued five production warrants against the Allied Democratic Forces (ADF) commander Rashid Abdul Kyoto, who is accused of carrying out the attack, but none has been executed.

A production warrant is an order issued by a court, requiring prison authorities to produce the accused person in court on the date contained in an application.

On Monday, April 8, 2024, the magistrate extended the production warrant to April 29, 2024.

There is an impediment for the hearing to commence because Kyoto has not been present in court for the committal proceedings to be effectively concluded.

Kyoto was expected to be committed to the International Crimes Division of the High Court to stand trial on two counts of terrorism and three counts of aggravated robbery. The offences elicit a maximum sentence of death upon conviction.

The court heard that investigations into the matter are complete and committal papers have been prepared for the purposes of sending the accused to the High Court to stand trial.

Rashid Abdul Kyoto alias Njovu alias Tembo, 31, a resident of Domain Camp, Mwalika in the Democratic Republic of Congo, is accused of killing a Briton national David James Barlow, his South African wife, Celia Emmarentia Geyer and a guide, Eric Alyai, on October 17, 2023.

Barlow, Geyer and Alyai were attacked while on safari in Queen Elizabeth National Park in southwestern Uganda.

Assistant Director of Public Prosecutions Thomas Jatiko is prosecuting the case. The accused is not represented in court.

Allegations

In regard to terrorism, prosecution alleges that Kyoto and others still at large, on October 17, 2023, at Nyamunuka, along Katunguru-Katwe-Kabatoro road, within Queen Elizabeth National Park, in Kasese district, for purposes of influencing the Government or intimidating the public and for a political, religious, social or economic aim, indiscriminately without due regard to the safety of others or property carried out serious acts of violence aimed at causing the death of the tourists, all civilians who were not engaged in armed conflict.

In the second count of terrorism, the prosecution purports that Kyoto and others still at large, between October 13, 2023, and October 17, 2023, at various locations within Queen Elizabeth National Park, in Kasese district, burnt two motor vehicles; a Mercedes Benz cargo truck and a Toyota Land Cruiser tourist vehicle.

Kyoto and others still at large, are also accused of unlawfully causing the death of Barlow, Geyer and Alyai, with malice aforethought.

They also allegedly robbed Barlow of United Kingdom of Great Britain and Northern Ireland passports at gunpoint. They also allegedly robbed Geyer of an unspecified amount of money, Barclays Premier Banking card No.00041793, British Airways American Express card and the Republic of South Africa passport.

Prosecution further alleges that Kyoto between 2018 and November 1, 2023, at various places in Uganda including Queen Elizabeth National Park in Kasese district, Kampala and in the DRC was a commander and belonged or professed to belong to the ADF, a terrorist organisation. 

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