Log In

Reset Password

Schoolgirl's murderer appeals conviction and sentence

The man convicted of murdering pregnant schoolgirl Rhiana Moore appeared in the Court of Appeals yesterday to appeal both his conviction and his sentence.

Ze Selassie, 34, was sentenced to 35 years imprisonment before becoming eligible for parole after he was convicted of premeditated murder last year.

Selassie stabbed the 14-year-old girl 18 times and left her in the sea after she refused to have an abortion after becoming pregnant with his child.

He had previously been convicted of several offences against women, including the rape of a female acquaintance for which he was sentenced to six-years imprisonment, but served two before being released on parole.

Representing Selassie, John Perry QC told the court that there was no solid evidence to prove premeditation and Chief Justice Richard Ground failed to properly lay out any evidence for premeditation to the jury.

Mr Perry also argued that the maximum tariff of time before parole should be only 25 years in a case of premeditated murder.

According to Bermuda legislature, the penalty for premeditated murder has been life imprisonment, with no possibility of parole until 25 years have been served.

However that tariff was called into question when Dennis Robinson, who when convicted for his role in the so-called "simple murder" of the Cooper twins, was given a minimum tariff of 12 years instead of the 15 mandated by law.

In that sentencing, Mr Perry argued that the mandatory minimum was unconstitutional.

While that case is now going to appeal on a matter of procedure, Chief Justice increased the tariff for Selassie based on the decision.

While both Mr Perry and Ms Clarke agreed yesterday that the sentencing judge could vary from the 25-year tariff stated in legislature, Mr Perry argued that 25 years should be seen as the maximum penalty, and said the crime didn't reach that level.

"Undeniably, this was a bad crime, but you can't measure it to how a decent person behaves. You have to measure it against the worst crime possible," Mr Perry said.

He also argued that there was no evidence suggesting any premeditation, and that reports that Selassie and his victim were seen fighting before the murder took place suggested that the crime could have been spontaneous.

"There was not a shred of evidence to support premeditation," Mr Perry said. "If the killing was born out of the argument, then it was a simple killing."

Ms Clarke however told the court that a series of text messages between Selassie and Rhiana in which he tells her to abort their baby and insists on meeting with her the night of the murder indicates premeditation and motive.

She also said that Selassie brought a knife to the meeting was an indicator of premeditation.

Ms Clarke said that Chief Justice Ground properly informed the jury of both the difference between murder and premeditated murder and laid out the evidence for premeditation to the jury.

Regarding the sentencing, she said the Chief Justice looked at the English Criminal Justice Act 2003 and aggravating factors such as the age of the victim and the fact she was seven-months pregnant.

After hearing both sides of the case, the Court said it would reserve its ruling until a later date.