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Friday, September 17, 1999 Published at 18:01 GMT 19:01 UK World: Africa Ward's father demands retrial ![]() Prison wardens lead Simon Ole Makallah from court after the verdict The father of British tourist Julie Ward has demanded a fresh murder trial after a Kenyan game warden was cleared of killing her in 1988.
Judge Daniel Aganyanya handed down Friday's decision, two weeks after three Nairobi court assessors recommended a "not guilty" verdict on former reserve warden Simon Ole Makallah.
He demolished the prosecution's case, saying alleged suspicious behaviour by Mr Makallah could also be the actions of an innocent man. Mr Ward has appealed to the Kenyan attorney general, saying that contact between the accused and the three assessors - appointed under the Kenyan legal system to help the judge evaluate the evidence - broke court procedures. Charred body
"The eyes of the world are on Kenya." He said he was "disappointed" by the verdict, but expected it after hearing the judge's summing up. He said: "It was clear from the summing up which direction he wanted it to go in."
Mr Makallah's 43-day trial began in Nairobi on 1 March and saw 40 witnesses called to give evidence.
After hearing the prosecution and defence cases, the three assessors said the prosecution had failed to prove beyond reasonable doubt that Mr Makallah had murdered the 28-year-old publishing assistant.
He was a prosecution witness during the first trial in 1992 when two park rangers were acquitted. He was later promoted to assistant director of the Kenya Wildlife Service. He was charged last year with killing Miss Ward but has maintained his innocence throughout the trial. Mr Ward, a Suffolk hotelier whose persistence saw him co-opted as an official member of the police team investigating his daughter's death, was a key prosecution witness during Makallah's trial. He testified the game warden's behaviour during the search for his daughter had been suspicious and that Makallah had misdirected search parties and lied to investigators.
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