/ 8 August 2006

Sipho Dube convicted of murder

The Johannesburg High Court found Sipho Dube guilty on Tuesday of murdering six children and a woman, raping three girls and indecently assaulting boys.

Judge Seun Moshidi also convicted Dube (30) of 10 kidnappings, one theft, one robbery, one common assault and one assault with intent to cause grievous bodily harm.

”I conclude that the state has proven the accused guilty beyond reasonable doubt,” he said.

”It is highly unlikely that all police officers and witnesses will conspire against the accused and falsely implicate him.”

Describing a number of crimes with the same modus operandi, Moshidi said Dube had twice been present at murder scenes.

”On one occasion, he insisted police should go up a hill and while there, he showed them a bloodied school blazer and books … saying the murdered girl, Nomnikelo Jumba (14) had been raped there before the killing,” he said.

”The accused was also present at the murder scene of Lukhanyo Kuwane (10) … whose body was found badly battered and later confirmed he had a fractured skull and suffered severe brain damage.”

Based on this, Moshidi said: ”The totality of evidence points towards the guilt of the accused … circumstantial evidence and his presence on the murder scenes clearly points to his involvement in the matters.”

Taking the modus operandi argument further, the judge said two other murdered victims — a woman from Ladysmith and 11-year-old Tina Bernardes of Johannesburg — had suffered fractured skulls by being hit on the head with stones.

”The Bernardes murder was a cruel cold-blooded one. It is similar to that of 39-year-old Rashunthee Singh who died a painful death … the stones used to hit them on their heads were found near their bodies,” Moshidi said.

Also, he referred to incidents were Dube had lured his young victims by offering them toys, cellphones, asking them to help carry his luggage for reward or even offering to fix electrical appliances.

Although Dube had denied that he had voluntarily taken police to murder scenes, the judge found that to be ”improbable”.

”It is highly improbable that senior police officers could set out to falsely implicate the accused.”

Two of Dube’s victims, nine-year-old Anele Mbuku and his 12-year-old cousin Siyabonga Mbuku, were never found after they were kidnapped.

The judge ruled Dube was guilty of murdering them, although their bodies were never recovered.

At the beginning of his trial in January, Dube pleaded not guilty to all the 41 charges dating from May 2001 to January 2004 in Ladysmith and Johannesburg.

He was acquitted on Tuesday on one rape charge, and a number of other charges.

The hearing was postponed to next Wednesday for argument in mitigation of sentence. — Sapa