(25 Sep 2006)
1. Judge entering court
2. Various of bags containing evidence
3. Wide of courtroom
4. Various of accused Thomas Cholmondeley entering court room, surrounded by media
5. Cholmondeley sitting in court
6. Close-up of Cholmondeley's hands in handcuffs
7. Cholmondeley speaking to prison guards
8. Various of Cholmondeley relatives and friends in court
9. SOUNDBITE (English): Philip Mbugua, brother of deceased
"You cannot compare a human being whatsoever with an animal because he says that he killed my brother because of maybe securing or making sure that animals are safe. So he doesn't find value in human life more than he values the animals."
++MUTE++
10. Cholmondeley walking out of courtroom
STORYLINE:
A descendent of one of Kenya's first British settlers appeared in court again on Monday, charged with murder.
It is a case that has exposed deep resentment about the legacy of British colonialism in East Africa.
Thomas Cholmondeley, who's 38, pleaded not guilty last Wednesday to killing a black Kenyan he suspected of poaching on his family's 100-thousand acre (40-thousand hectare) property in Kenya's fertile Rift Valley.
His father, Lord Delamere, is among Kenya's largest landowners, and Cholmondeley is the sole heir to the sprawling Delamere estate.
It is a region once dubbed "Happy Valley" because of the decadent lifestyles of its colonial settlers.
Cholmondeley's father Lord Delamere and his wife Ann were among family and friends in the packed panelled courtroom at Kenya's High Court for the trial, which was expected to last five days.
Cholmondeley claims he was out walking with a friend on his estate when they came across a group of four men carrying a dead impala (a medium size antelope).
In an account given by his attorney, the men set their dogs on him.
Cholmondeley said he was aiming for the dogs and shot 37-year-old Robert Njoya Wambugu accidentally.
Wambuga was wounded in the back and and died on the way to hospital, Cholmondeley's attorney said.
The brother of the deceased said, "you cannot compare a human being whatsoever with an animal because he says that he killed my brother because of maybe securing or making sure that animals are safe."
It's the second time Cholmondeley, a 38-year-old Kenyan, has been accused of fatally shooting a black man on his vast estate.
Last year, a murder charge against Cholmondeley was dropped after prosecutors told the court there was insufficient evidence to prove Cholmondeley had not acted in self-defence.
Cholmondeley said he mistook the undercover game warden who died for a robber.
Cholmondeley's attorney said his client fired in self-defence both times and claimed people were making him look like a person who shoots Africans for sport.
The cases have exposed deep tensions about the British presence in Kenya, with many citizens resentful that the most precious land was taken over by the British government during colonial times.
But now, an increasing number of Kenyans believe the land should be handed back.
Cholmondeley could face the death penalty if convicted in the case.
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