David's fate sealed, he will hang

He immediately bowed his head and held it with both hands. His facial expression changed from that dry smile he usually wears. Simelane did not need any assistance to hear the verdict of his appeal, by being interpreted in vernacular.

He has in the past exhibited fluency of the queen’s language.

As soon as Judge Bheki Maphalala read the last line of the judgment stating, ‘accordingly, the appeal is dismissed in its entirety and the sentences imposed are confirmed,’ he seemed to be clenching his teeth as his chick bones tightened. Now that the case has been dealt with by the Supreme Court, Simelane’s attempts to evade the death sentence have hit the ceiling. He has to be hanged.

Supreme Court judges Ahmed Ebrahim, Dr Seth Twum and Maphalala unanimously agreed that Simelane’s conduct of killing 28 women and children had sunk to the very depths of depraved and evil conduct and he does not deserve any sympathy.

Simelane was seated in his usual corner of the accused dock at courtroom A, a place he has occupied for over six years, in the mid of two Correctional Services officers. He was clad in a sky blue sweat shirt and kaki casual pants. Before the judgment he smiled as this reporter greeted him and jokingly asked the publication’s photographers if he was not tired of taking pictures of him.

In the judgment Judge Ebrahim disagreed with Simelane’s lawyer that it was wrongful for the High Court to convict his client based on a confession, which had not been made voluntarily and following the dictates of the law. Mabila had argued that Simelane, upon arrest, was supposed to have been taken to a magistrate expeditiously, but it took the police two weeks.

However, Ebrahim said while that may be so, Simelane’s case was peculiar and the delay was perfectly understandable. He said the police were investigating a person believed to be a serial killer and their investigations related to 41 murders.

"It would have been physically impossible for them (police) to have concluded their preliminary investigations anytime sooner. The appellant (Simelane) made indications at the scenes where the bodies were found, he had to be shown clothing allegedly worn by the victims and so on. I therefore, see nothing untoward in the appellant only being brought before the magistrate when he was brought before him," Ebrahim said.

He said the confession made by Simelane before the late Manzini Magistrate Charles Masango was properly admitted before the High Court. He said the Crown had relied on indications provided by Simelane and recovered bodies of the victims.

He said in his view, there was wealth of evidence proving that Simelane had committed the murders, for instance, each of the victims had last been seen in the company of Simelane. Simelane, in the confessions, had said he had killed the women and children out of revenge after he had been sent to custody for having raped a woman he had robed. He said he had only robed the woman.

He spent six years in prison, from 1992 to 1998 for the offences and stated that he came out with one thing in mind; to revenge on any woman. He had said that had he met the woman who was a complainant in the offence he had been convicted for, he would not have killed so many women.

Judge Ebrahim said Simelane never showed any remorse for the murderous conduct.

"This has been one of the most serious cases I have ever dealt with both in my career as a State Counsel or as a Judge. The learned judge a quo was entirely correct in finding no extenuating circumstances and consequently imposing the ultimate penalty," Judge Ebrahim said.

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