Two foreigners acquitted in British soldier’s death
Two foreigners charged with negligence leading to the death of a British soldier have been acquitted by a Kwale Court.
Sergeant Major, John Marley died after touching a faulty lamp that had allegedly been left unattended in his hotel room and the two were charged with the offence.
They accused were Thomas Sollacher, the Chief Executive Officer and owner of Diani Marine Limited, in Kwale County, and Edoardo Vasta, a former diving instructor at the Marine Divers Village.
They were charged with negligence and causing death of the soldier who died on April 26, 2013. The soldier was serving in the British in Army Training Unit in Nanyuki.
Five years after the soldier died, the court on Thursday ruled that although he died at the hotel, the two accused were not responsible for his death.
“The prosecution failed to prove the charges beyond any reasonable doubt and therefore I acquit both the accused,” Kwale Chief Magistrate (CM), Doreen Mulekyo ruled.
She said there were 15 witnesses who testified in the case but they all contradicted each other, hence weakening the prosecution’s case.
Mulekyo further noted that although two of the police witnesses spoke of witnessing the post-mortem examination, the report was never presented to the court.
“The so called witnesses from Kenya Power were never called on this case,” added the magistrate.
Lawyer, Andrew Wandabwa represented Sollacher who was the first accused, while Vasta’s lawyer was Michael Oloo.
By James Muchai