When the Zimbabwean multiple murder accused, Gerald Jerry Dube, (pictured) appealed his four death sentences to the Court of Appeal, many believed it was an attempt to prolong his date with the hangman.Yesterday a panel of three judges confirmed that belief when they upheld the Francistown High Court’s ruling, which found Dube guilty on all four counts of murder, and sent him to the gallows.
Dube murdered Francistown-based Zimbabwean lawyer and his cousin Patricia Majoko, 37, her two children, Dumisani and Amotjilani (then seven and five old respectively and her maid Lindiwe Ncube, 40, at their home in Francistown in September 2001.
Justice Moses Chinhengo convicted Dube on four counts of murder and, having found no extenuating circumstances, sentenced him to death on all four counts.
However, Dube, through his lawyer Ookeditse Maphakwane, appealed against the sentence more particularly the findings that there were no extenuating circumstances.
Court of Appeal judges, Justice Craig Howie, Justice Michael Modibedi and Justice John Foxcroft concurred with the trial judge in finding Dube guilty. They found that Dube’s actions were premeditated. They said an iron rod was no doubt the murder weapon in all four cases and probably he found it lying in the yard on his arrival.
The judges found that there were motives for killing Patricia after she expelled Dube from work. “The expulsion had deprived Dube of his employment at Patricia’s firm and his accommodation. It uprooted him from the lifestyle that was comfortable and which gave him the opportunity to convey the impression of some success and importance in his social circle. The disruption could well have angered him,” the judges concluded.
They also concurred with the trial judges’ observation that one Vivian, Dube’s new female interest, was demanding to some degree. They observed that that could have heightened the loss of esteem he no doubt felt at having lost his employment. “She said Dube told her he (Dube) was an attorney.
They added that after killing the children and Lindiwe, Dube waited a considerable time for Patricia to come home.
“In that interval he had ample time to reflect. Not deterred by what he had already done, he must have resolved to stay and sit out the time,” the judges found.
They further said Patricia’s murder was premeditated possibly motivated by changes she had wrought in his life.
The judges concluded that even the killings of the children and the maid were premeditated and motivated to remove future eyewitness evidence or the overall revenge Dube directed at Patricia.
“The submission advanced on behalf of Dube, therefore, cannot prevail. The three features on which reliance was sought to be placed were non-existent or not extenuating,” judges ruled.
Mmegi Online
Post published in: News