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 Man guilty of murdering retired headmistress
    March 23 2007 at 12:34AM Get IOL on your
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The Grahamstown High Court found a man guilty on Thursday of the rape and murder of a retired headmistress, Grocott's Mail reported.

Theoniel "Gansie" Smith raped Madge Fergusson, 82, former principal of Victoria Park Primary School, and then murdered her in cold blood.

Smith, 25, had admitted only to raping and robbing the former principal four years ago.

Smith said he had smoked drugs and had gone to Fergusson's house to rob her because he was hungry. Smith said the only time he hit Fergusson was when she was struck by the door as he forced it open.

He said he had never intended to kill her.
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However, Judge Clive Plasket disagreed. He found Smith guilty of the murder.

"It is obvious following Dr Daniel de Gouret Villets' testimony that considerable force must have been used to result in the head trauma of the victim," said Plasket.

Smith claimed to have only hit Fergusson once after which she fell onto a sofa, but testimony by witnesses contradicted this claim.

Smith's advocate, Deon Geldenhuys, had argued that Smith was not guilty of murder because there was a possibility that someone else entered the house after Smith had left, and also that the state had not shown that Smith had the necessary intent to kill.

Plasket disagreed. "There is no evidence that anyone else could have assaulted the deceased once the accused had raped her. The accused, through his actions, appeared to have acted with a direct purpose to murder. If I am wrong in this finding, then at least it is apparent that the accused through the framework in which the crime was committed, acted with intent to commit murder," Plasket said, convicting Smith of murder.

Smith stared blankly ahead.

The court then heard testimony in aggravation of sentence.

State advocate Nico Henning called Fergusson's daughter, Gwynne Nieuwoudt.

"She was an amazing person, very strong willed, but with a heart of gold," said Nieuwoudt, who spoke of the tragedy and the heartbreak her mother's murder had caused the family.

"We always told her don't open the door! But she would reply: 'They know me, and if they need food and water I will give it to them'."

Sentencing is expected on Friday. - Sapa

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