Chief Government Pathologist Johansen Oduor. FILE PHOTO | NATION MEDIA GROUP
- Two men on trial over death of British soldier.
- Dr Johansen Oduor was required to testify in court but he did not attend hearing.
Dr Oduor had been summoned as a witness in a case against two foreigners who were charged with negligence and causing the death of a British soldier in Kwale.
Kwale Resident Magistrate Christine Njagi issued the warrant after he failed to honour the court summons.
The prosecution had expected the pathologist to give a report on what caused the death of Sergeant Major John Marley, who died on April 26, 2013 in Diani.
The court also summoned three British soldiers who had been lined up as prosecution witnesses in the case against Mr Thomas Sollacher and Mr Edoardo Vasta.
Mr Sollacher is the chief executive and owner of Diani Marine Ltd and Mr Vasta is a diving instructor at the Diani Marine Divers Village.
Ms Hawa Mtondo, a telephone operator at the divers club, told the court that on April 25, 2013, four British nationals visited the premises and requested accommodation.
“They found me at the reception and I booked three of them in room number nine. One of them said he would sleep at a different location,” said Ms Mtondo.
HEARD GLASS BREAKING
The witness said she later learnt of the death the 42-year-old soldier, who was serving with the British Army Training Unit in Nanyuki, from her colleague, Ms Margaret Auma.
Ms Auma said she was at the bar when a friend of the guests walked in, and as she was serving her, they heard glass breaking and screams from room number nine. One of the occupants came out shouting for help screaming that someone should call an ambulance and police, Mrs Auma told the court.
“We rushed to the room only to find Sergeant Marley on the floor as Steve (another occupant) tried to resuscitate him.”
An ambulance came and took Sergeant Marley to Diani Hospital, where he was confirmed dead.
Mr Salim Bakari an engineer, said police asked him to examine a bed lamp found in the room suspected to have caused the death.
He said the lamp stand was metallic with cables passing through it to the bulb and could easily cause death.
The hearing resumes on August 6 and 7.