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Two foreigners acquitted in British soldier’s death 

Thomas  Sollacher, the CEO and owner of Diani Marine Limited, Edoardo Vasta a former diving instructor at the Diani Marine Divers Village before  Kwale  Court on Thursday November 30, 2017. Photo by  KNA




Thomas Sollacher (right) with his  wife Sylvia  Pispostilova outside Kwale court on Thursday November 30, 2017. Photo  by  KNA.

Thomas Sollacher (right) with his wife Sylvia Pispostilova outside Kwale court on Thursday November 30, 2017. Photo by KNA.

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

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