By: WACHIRA MWANGI
A Kwale court has issued a warrant of arrest against the Chief Government Pathologist Johansen Oduor.
Resident Magistrate Christine Njagi issued the second warrant against Dr Oduor for ignoring summons and failing to attend court sessions.
Dr Oduor is among the witnesses lined up by the prosecution to testify in the case involving a British soldier, Sergeant Major John Bob Marley, who died on April 26, 2013 in a Diani hotel.
Dr Oduor was to give a post-mortem report on what caused the death of Sgnt Marley.
The court was told that on April 25, 2013, three British soldiers came to the Diani Marine Divers Village seeking accommodation.
Sgt Marley was in the company of Sgt Steve Gillian and Sgt Chris Woods.
The three were planning to go out on the fateful night after Sgt Gillian and a friend identified as Isaac had an early diving exercise until midday.
“We got back from diving and met with Bob and Chris then went for lunch at the Ali Baba and Forty Thieves Restaurant before we got back to their room for an afternoon nap,” he said.
Sgt Gillian, while giving his testimony, said he was woken up by a text from Isaac at around 8pm telling him he had arrived at the hotel.
HEARD LOUD SCREAM
He added that he left his bed, turned on the light and went to the bathroom, when he heard a loud scream from the room.
“I was in the bathroom. I heard him (Bob) scream and I ran to see him lying on the floor.
“At the same time, Sgt Chris Woods who was in the room moved close to touch Bob but he got an electric shock. I pulled the lamp plug off the wall and rolled him off the lamp,” Sgt Gillian told the Court.
During the cross examination by prosecutor George Mungai and defence lawyers Andrew Wandabwa and Michael Oloo, the sergeant said his senior died of electrocution due to a faulty switch and socket in a room they were in.
He added that he had no idea what was the cause of the scream.
“I thought he may have been stung by a spider or a scorpion or something like that. I did not know there was electricity at that point,” he said.
The plumber and gas fitting expert also told the court he tried applying cardiopulmonary resuscitation (CPR) on his colleague as he was still breathing as Chris went to call for help.
“Sgt Marley was taken to Diani Hospital by the ambulance 15 minutes after the incident and was pronounced dead soon after arrival,” Sgt Gillian said.
The Magistrate also issued summons to the investigating officer who was said to have gone for the burial of a colleague in Kisumu.
Defence counsel Wandabwa expressed disappointment that the investigating officer and others did not appear in court to give their account.
He asked the magistrate to caution the prosecution if they fail to present their witnesses in the next hearing.
Mr Oloo on his part told the court there was no reason why the chief pathologist should not appear in court.
“My client incurs heavy expenses for attending court sessions and he obeys bond terms. We need a last adjournment on this case,” he said.
Ms Njagi warned that there will be no further adjournment of the case and urged the prosecution to present all their witnesses by March 3, 2016.