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Aristocrat guilty of manslaughter | Aristocrat guilty of manslaughter |
(about 2 hours later) | |
A white Kenyan aristocrat has been cleared of murder but found guilty of the manslaughter of a black poacher on his family's estate in 2006. | A white Kenyan aristocrat has been cleared of murder but found guilty of the manslaughter of a black poacher on his family's estate in 2006. |
A judge ruled Thomas Cholmondeley did not show "malice aforethought" in the shooting of Robert Njoya in May 2006. | A judge ruled Thomas Cholmondeley did not show "malice aforethought" in the shooting of Robert Njoya in May 2006. |
The case, involving the descendant of one of Kenya's first British settlers, has attracted huge media attention. | The case, involving the descendant of one of Kenya's first British settlers, has attracted huge media attention. |
In 2005 Cholmondeley admitted shooting a Maasai ranger, but the case was dropped owing to insufficient evidence. | |
That decision provoked outrage and mass protests among the Maasai community. | |
'Dumbstruck' | |
The courtroom in the Kenyan capital, Nairobi, was packed with lawyers, reporters, cameramen, and family and friends of Thomas Cholmondeley, the BBC's Adam Mynott in court said. | |
THOMAS CHOLMONDELEY Educated at exclusive British school, EtonGreat-grandson of third Baron Delamere, one of Kenya's first white settlersIn line to become 6th Baron DelamereSole heir to family's massive Rift Valley estateDivorced father of two sons | |
There were gasps of surprise as High Court Justice Muga Apondi gave his ruling after reading out a 320-page verdict on the case, although the defendant himself remained impassive. | There were gasps of surprise as High Court Justice Muga Apondi gave his ruling after reading out a 320-page verdict on the case, although the defendant himself remained impassive. |
"I find as a fact that it was the accused who had shot the deceased resulting in his death," the judge said. | "I find as a fact that it was the accused who had shot the deceased resulting in his death," the judge said. |
"In view of the above analysis I hereby find which I do, that the accused did not have any malice aforethought to kill the deceased." | "In view of the above analysis I hereby find which I do, that the accused did not have any malice aforethought to kill the deceased." |
The Eton-educated 40-year-old, who has spent the last three years in jail, is due to be sentenced next week. He faces a maximum term of life imprisonment. | |
"I'm amazed - dumbstruck actually," said Cholmondeley's defence lawyer. "We will appeal. There is no doubt about that." | |
Surprise outcome | Surprise outcome |
The incident took place in a remote corner of Cholmondeley's sprawling family farm in the Rift Valley region, acquired by his great-grandfather, the third Baron Delamere. | |
Cholmondeley told police at the time that Mr Njoya was with three companions and a pack of dogs, and he suspected them of hunting a gazelle. | |
He said he had shot at the dogs, killing two of them. Mr Njoya was hit by a bullet and died on the way to hospital. | |
Cholmondeley's defence had argued that the fatal shot may have been fired from a weapon carried by his friend, but this was rejected as an "afterthought" by the judge. | Cholmondeley's defence had argued that the fatal shot may have been fired from a weapon carried by his friend, but this was rejected as an "afterthought" by the judge. |
The judge's verdict is contrary to the non-binding not guilty verdict found by a panel of lay assessors - who do a similar job to juries in Kenya - in March. | The judge's verdict is contrary to the non-binding not guilty verdict found by a panel of lay assessors - who do a similar job to juries in Kenya - in March. |
The outcome will surprise some who followed the case closely, our correspondent says. | The outcome will surprise some who followed the case closely, our correspondent says. |
But it will please those Kenyans who believe Thomas Cholmondeley should have been prosecuted over the shooting of Maasai ranger Samson Ole Sisina in 2005. | |
Cholmondeley, a divorced father of two, had admitted the earlier shooting, but said he acted in self-defence mistaking the warden for an armed robber. | Cholmondeley, a divorced father of two, had admitted the earlier shooting, but said he acted in self-defence mistaking the warden for an armed robber. |
Much of Kenya's most fertile land was given to white settlers during the colonial era and this remains the case 46 years after independence - a fact resented by many Kenyans. | Much of Kenya's most fertile land was given to white settlers during the colonial era and this remains the case 46 years after independence - a fact resented by many Kenyans. |