Kimberley - Emmanuel Smous, who was convicted for the murder of the mother of his child, is still adamant that he is innocent and that someone else is responsible for the crime.
Smous was found guilty for the murder of Nelie Moleko, who was killed during the early hours of New Year’s Day in 2014 at his shanty in Boichoko in Postmasburg.
Moleko died after she was assaulted and stabbed several times.
Judge Bulelwa Pakati said the injuries the deceased suffered showed that Smous had direct intent to kill her.
“The doctor said that the left side of the face of the deceased was swollen. There was a large blood cot on the left side of the face which caused the swelling. The injuries were caused by a blunt object. There was also bleeding on the brain.
“The muscles at the her back were severely bruised and resulted in the kidneys swelling which could have been caused by continuous kicking. The deceased also suffered several fractured ribs. She had an incision wound which was caused by a sharp object.
“The doctor pointed out that the person who inflicted the injuries had a high level of anger and concluded that the cause of death was due to the multiple injuries the deceased suffered,” said Pakati.
During her judgement, the judge said that she found, after evaluating all the evidence, that Smous was the only person who could have killed Moleko.
“The father of the accused said that he was woken up by his son who called to say that he had killed the mother of their grandchild. The father and mother then drove to the shanty and knocked on the door but no one opened.
“The father looked through the window but could not see anything and drove back home. They then sent their older son to go and investigate what was happening at the shanty of the accused.
“This evidence from the father was corroborated by the mother of the accused. The mother later change her testimony saying that she did not hear correctly or see anything wrong with the accused after his brother fetched him from the shanty.”
Pakati, however, said that it was understandable that the mother would want to protect her child after such a horrific incident.
“The Smous’ are the parents of the accused. They tried to protect him. However, the mother was a bad witness and contradicted herself in so far as what she told her husband. The father of the accused told the court that he still oves his son and would not like to see him go to jail.
“The brother of the accused testified that he saw the deceased lying in pool of blood at the shanty. He saw that she not moving. The brother said the accused had a red mark around his neck and his voice was hoarse,” the judge said.
“He did not ask him what happened and they locked the shanty and went to their parents house,” Pakati added.
Smous knew that, by the time his brother came to fetch him, the deceased was already dead.
“After the brother fetched the accused, they locked the shanty with the deceased still inside and went to their parents’ home. By that time it was clear that the accused knew that the deceased was dead.
“The accused’s testimony was that he woke up and found the deceased lying dead next to the bed. He said he then shook her but she did not responding. He said that he shook her in such a manner in order not to get blood on himself,” Pakati added.
When asked why he was concerned with getting blood on himself, “he testified that he is a person who did not want to get dirty and that the clothes he had on were still new”.
“He also said that should he get blood on himself, he would look like the person who committed the crime.
“Yet, after the incident the accused did not call an ambulance or 10111. He claimed that the emergency number was not working. He testified that he ran into the street to seek help but the street was quiet.
“He also did not call his parents immediately and said he was not feeling well since he drank a poisonous mixture in an attempt to kill himself,” the judge said.
She said the accused’s version of events did not corroborate with the picture he tried paint to the court. It is undisputed that the deceased was in the shanty around 1am. The accused said the deceased burst into tears at the tavern saying she regretted their break-up. The two of them then left to go to his shanty, holding each other while walking. At the shanty they spoke about their future plans and had consensual intercourse,” Pakati stated.
She added that the deceased then wanted to go back to the tavern to see her friends and according to the accused, he remained behind and slept.
“The accused gave the impression that there was no misunderstanding between himself and the deceased that would have resulted in a fight. If that was the case, why would he allow the deceased, who consumed alcohol, to walk back to the tavern alone?
“The neighbour of the accused testified that he heard the deceased screaming inside the shanty. He, however, did not go inside or call the police as he did not want to get involved in the matter.
“The time the neighbour heard the screams coincided with the time the accused said he and the deceased were at the shanty,” she said.
During mitigation of sentence, Smous told the court he hoped to walk free after state prosecutor, Keageletse Ilanga, asked him what sentence he viewed would be suitable for the crime
“I am hoping to walk free in order for me to be there for my children and because I did not kill the deceased,” he said.
He told the court that he has three children from three different relationships whom he is maintaining and that the children would suffer should he be end up in jail.
“I take care of my eldest child who is now nine years old. I maintain her on a monthly basis. I also provide financial support for the six-year-old child I have with the deceased, and I have a 10-month-old baby with my current girlfriend, who is staying with me. My girlfriend is not working and I am the one taking care of her and the baby,” Smous said.
Ilanga told Smous that he cannot expect to just walk away after he has taken the live of the mother of his daughter.
“You are facing a minimum sentence of 15 years in prison and you are hoping to walk free. How will you be rehabilitated if you still maintain that you did nothing wrong? You do not seem to understand that your daughter has lost a mother and the parents of the deceased lost a daughter, but you do not get it,” said Ilanga.
The case has been postponed for sentencing.
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