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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.


Father of Julie, John Ward: "Expected disappointment"
John Ward, 66, who has devoted more than a decade to uncovering the truth of his daughter's final hours in Kenya's famous Masai Mara game reserve, said that irrespective of what the judge said, he wants the case to be heard again.

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.


[ image: John Ward has spent �500,000 seeking the truth]
John Ward has spent �500,000 seeking the truth
Mr Aganyanya commended Mr Ward's efforts to uncover the truth, but said the evidence was circumstantial, and not good circumstantial evidence at that.

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 BBC's Martin Dawes: "Mr Ward is a fighter"
He told the BBC: "I do know know if the appeal will be successful, but there are plenty of witnesses to support the appeal.

"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."


[ image: Julie Ward: Found dead in 1988]
Julie Ward: Found dead in 1988
Miss Ward's charred and mutilated remains were found on 13 September 1988.

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.


[ image: A Masai tribesman celebrates after the verdict]
A Masai tribesman celebrates after the verdict
Mr Makallah, 49, who was remaining in custody pending the ruling, was chief warden at the Masai Mara game reserve at the time of Miss Ward's murder.

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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