State wants life for girlfriend killer

THE MAN who was found guilty of raping and killing his girlfriend on a smallholding next to the Kimberley racecourse, is likely to know his fate today after the State yesterday called for a life sentence for each of his two convictions.

Earlier this week, Simon Zuba was found guilty of killing his 25-year-old girlfriend, Margaret Olyn, in November 2014.

Zuba originally faced four charges, including two charges of rape, one of murder and another charge of attempted rape.

He was found not guilty on the one charge of rape (sexual intercourse without the consent of the deceased), as well as the charge of attempted rape (attempting to penetrate the dead body of the deceased anally).

He was found guilty on the second rape charge (penetrating the deceased vaginally with a sharp object without her consent), as well as the charge of murder.

When handing down judgment on Wednesday, Acting Judge Janine Snyders said the deceased had died an inhumane death.

While Zuba’s defence requested leniency from the judge yesterday, pointing out that the 38-year-old father of four, who provided some financial support to his children, aged three, seven, 12 and 19, had spent nearly 13 months in custody before he was granted bail.

Despite previously testing positive for TB and HIV, the accused claimed to have been deprived of the necessary medical care during his incarceration, which had been detrimental to his health.

It was also argued that the murder was not premeditated and that the accused had been under the influence of alcohol at the time of the incident.

On these grounds, Zuba’s legal representative requested that his client be sentenced to 20 years for the murder and 10 years for the rape.

However, the prosecutor, Advocate Theunis Barnard, called for the prescribed minimum sentence of life imprisonment to be enforced for each of the two convictions.

Barnard pointed out that the sexual offence should not be viewed as a “normal rape” due to the infliction of grievous bodily harm to the deceased.

“The deceased was penetrated with a sharp object which caused open wounds to the vaginal area,” he said. “The state argues that there were aggravating circumstances which form the basis of our request for the minimum sentence to be ordered for both counts.”

Barnard added that Olyn’s death would also have a detrimental impact on her family, especially her older sister, Rachel.

“During an emotional consultation, Rachel Olyn described the deceased as her baby sister who had a very gentle nature,” said Barnard. “She said that when the deceased was born, she was so small that she was fortunate to have reached adulthood. Her birth was described as a miracle of nature.

“Both her parents passed away before the murder and her sister says she is now ‘stoksiel alleen’ (all alone). She also indicated that Margaret used to remind her to take her pills.

“It is clear that Rachel has suffered a great loss.”

The prosecutor said that, at 1.5m tall and weighing roughly 60kg, Olyn was essentially defenceless against her attacker, adding that rather than raping and killing his girlfriend, Zuba should have been protecting her.

“The accused should have been her carer and looked after her safety. Where they were living should have been her safe house. She was murdered and raped in the place where she should have felt the safest.

“The brutality of the crime is clear from medical evidence, with many injuries all over the body, some concentrated on the face, which indicates the intention and disrespect of the accused.”

Barnard emphasised that the assault must have happened over a period of time.

“She was lying naked on the floor of her safe house. That was not enough for the accused as he continued to sit wide-legged over her, still hitting her.

“A serious amount of trauma was inflicted, as explained by the doctor by the deep bleeding that was found.”

“This assault was not enough as we then have the rape conviction. This was not a “normal rape” and the cutting of the genitals is an indication of this.

“Mitigating circumstances are overwhelmed by aggravating. There is no substantial or compelling circumstances.”

Court was adjourned until this morning when Snyders is expected to sentence the accused.