A Kenyan court yesterday acquitted a park warden accused of killing Julie Ward, a British tourist, saying the case against him was "purely circumstantial".
But in a sign that Julie Ward's father, Mr John Ward (66), plans to continue his 11-year campaign for justice the Suffolk hotelier revealed that he had already applied for a mistrial to be declared.
In a long and rambling judgment lasting almost 31/2 hours Judge Daniel Aganyanya told a packed Nairobi High Court that there was no evidence to convict Simon ole Makallah, former head warden at the Masai Mara game reserve, of killing Julie. "We give the benefit of the doubt and find the accused not guilty," he told a packed Nairobi High Court.
Supporters of Mr Makallah, many of whom were wearing traditional red Masai robes and decked in bead necklaces, held an impromptu celebration outside the court. They danced and sang and several waved metal-tipped clubs in the air.
Julie Ward was killed in September 1988 while on a trip to the game reserve to see the annual migration of wildebeest. The 28year-old was last seen alive in a remote corner of the park on September 6th.
A week later her body was discovered a few kilometres from her abandoned jeep.
Amid speculation about a cover-up and after Kenyan authorities had initially suggested that she killed herself or was struck by lightning and eaten by lions, Mr Ward launched a campaign for justice.
Two junior game wardens, Peter Kipeen and Jonah Magiroi, were tried and found not guilty of killing Ms Ward in 1992. But the judge in that case recommended investigation into the behaviour of Mr Makallah, who was suspected of giving false statements to police.
Speaking at a news conference after the verdict yesterday Mr Ward revealed he had filed a petition to Kenya's attorney general to have a mistrial declared because Mr Makallah had been seen regularly chatting to court assessors during the case.
In Kenyan trials there are three court assessors who hear evidence and make a ruling before the verdict proper, though their opinion is not binding on the judge. The assessors in this case moved for an acquittal.
"There is evidence that the trial was fundamentally flawed," Mr Ward said. He added that the matter had now been passed on to the DPP, who had ordered a report on the claims to be drawn up. A ruling will be made later this year.