South Africa - Martin, 55, Theresa, 54, Rudi van Breda, 22, murdered, 26 Jan 2015 #2

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Part 2

I suddenly heard my Mum’s voice outside my room saying, “Wat gaan hier aan?” [What's happening here?] I assumed that the attacker must have heard it too because he then left the room. I could not see what happened outside the room as my view of the door was obstructed by our bedroom wall. The attacker remained outside my field of vision for some time. I am unsure how long but it was not long. I cannot recall whether I heard any sound of an attack on my Mum outside of our room. The attacker then came back into the room and slowly came at me. At that stage I was standing close to the bottom of my bed. He was laughing and seemed almost unconcerned about my presence.

I stepped forward and grabbed his wrist and right hand in which he was carrying the axe with both my hands. I managed to wrestle the axe from his grip and shoved him away from me towards the bottom end of Rudi’s bed. As a result of the push, he spun around and away from me. I was surprised how easy I was able to disarm him.

I remember seeing Rudi moving on his bed in my peripheral vision. He was also making what seemed like gurgling noises. The attacker came at me again. He grabbed my right forearm in which I was holding the axe. At the same time he lifted his right hand and I then saw he had a knife in his right hand. I do not know where he got the knife from or when and how he got in possession of the knife. His attack was slow again and I was able to grab his right forearm and his right hand with my left. We pushed and pulled one another, stepping back and forth next to the gap between the feet of the beds.

He cut and slashed at my chest and also stabbed at my chest. He also slashed at my left arm. I was still holding onto his right forearm which prevented him from inflicting serious harm. He then moved his right arm in a way that just twisted my left hand counter clockwise. This hurt my arm – my hand and arm. He started to stab at me with the knife but initially I was still able to prevent him from stabbing me. I realised that I would not be able to keep a grip with my hand twisted and hurting so I struck his right shoulder with the axe in an attempt to make him let go of the knife.

Despite this, he managed to stab me with the knife on my left side almost at the same time that I struck him with the axe. It was only at this point that I realised that I was holding the axe backwards, as a result of which I struck him with the blunt side of the axe. After I struck him, he let go of the knife and my right arm and retreated. I immediately pulled the knife out of my side and dropped it, I presume somewhere on the floor but I don’t know exactly where.

The attacker fled out of the room. I hesitated a moment and followed him. I remember seeing Rudi from my peripheral view, moving around on his bed rather violently. I also recall hearing what sounded like angry voices of more than one person somewhere else in the house. Although I could not distinguish specific words, it sounded like the persons were speaking Afrikaans.

As I went out of the room, I recall having a glimpse of Marli and my Mum lying immediately outside the bedroom door on the top landing connecting our bedrooms. I was later shown photographs that were apparently taken of Marli and my Mum by Sgt. Kleynhans, one of the first police officers on the scene. I cannot say exactly where they were or what their exact position was outside the room when I exited it but I can definitely say that Marli’s feet were not in the same place as they are in Kleynhans’ photographs.
 
Part 3

I saw the attacker near the middle landing of the flight of stairs. I am not a fast runner and did not think I would be able to catch him. I then threw the axe at him. I cannot recall exactly where I was on the stairs when I threw the axe. I also did not see where or what the axe struck.

During my pursuit of the attacker, I lost my footing and fell down the stairs. I do not know what made me fall but my fall was quite severe. I got up and moved towards the kitchen area. I saw that the kitchen door was open. At that stage, I did not know how many persons had been in the house but there must have been at least two.

I went out the back door only far enough to look down the side wall of the house. I could not see anyone and went back inside the house. I then realised that I had my phone on me in the pocket of my sleeping shorts. Although I have no independent recollection thereof, I assume that I must have placed my phone in the pocket of my pants when I got up from the toilet.

15:51
I wanted to call the emergency services but I had no idea of the number. I then tried to call my girlfriend Bianca but could not get hold of her. I cannot recall whether it rang or whether it went straight to voicemail. I also tried to Google the emergency number on my phone. I recall seeing that the light of the downstairs study was on.

I started going up the stairs and could hear Rudi in the bedroom. As I moved past the middle landing of the stairs, towards the top, I saw Marli moving about on the top landing lying next to my Mum. My Mum was not moving. The last thing I recall seeing is Marli and my Mum. I then lost consciousness. I am unsure whether it was due to the shock or to the injuries that I sustained when I fell down the stairs or a combination of both.

I later woke, lying on the stairs. I am unsure how long I was unconsciousness but from the light outside I could see that it was already light. Initially I was disorientated and not at all sure that what I remembered was real. I then saw Marli move. She was lying next to my Mum on the landing upstairs. I could also hear what sounded like Rudi making gurgling sounds in the room. I also recall seeing blood on the vertical side of one of the stairs where I had lain. I assumed that this must have been my own blood.

[17.24 Several seconds missing] the stairs. I went down the stairs and picked it up because I wanted to phone the ambulance. I looked at the emergency numbers on the fridge door but they did not appear to me to be of any assistance. I then found an emergency number on my mobile phone and tried calling that number from my mobile phone. I am unsure exactly how many times I tried calling but from my cell phone records provided by the State it appears that I tried calling the number twice, both times unsuccessfully.

I then decided to call the same number on my landline from the cordless telephone that was lying on the kitchen counter. At that stage I was panicking. I was concerned that if I panicked on the phone, I would not be able to successfully communicate with the operator. I then lit a cigarette in the kitchen to try and remain calm whilst I was dialling the emergency number on the landline from the cordless telephone and got through to the operator.
 
That's brilliant JJ, thanks very much!
 
Retrograde Amnesia results in memory loss that may wipe out memories for several past years. This loss corrects very fast but may leave leaves enduring gap in the memory. The patient does not remember the events that happened before he/she is affected by this disease. The patient however is normally able to remember the events occurring after this disease.

http://home-cure.net/amnesia-types/


Retrograde amnesia Symptoms

Although patients are not able to remember specific events or situations of the past, most of them retain long-term declarative memory- the memory of meanings, understandings and other factual information. However, individuals who inflict serious injuries on the brain can exhibit problems like:
• Improper organization and categorization of verbal material
• Incorrect way of language formation
• Long-term memory loss
• Difficulty recollecting non-verbal information
• Unplanned travel or wandering from home, or workplace

https://www.hxbenefit.com/retrograde-amnesia.html
 
As far as Marli is concerned, I read an article which I made comments about on this thread but which I can no longer find where her aunt stated that the logical part of Marli's brain has been restored but not the emotional part.

Since she was assaulted, Marli has found herself a new boyfriend and is apparently doing well at school.

Amnesia can result from damage to brain structures that form the limbic system, which controls your emotions and memories. These structures include the thalamus, which lies deep within the center of your brain, and the hippocampal formations, which are situated within the temporal lobes of your brain.

Head injuries that cause a concussion, whether from a car accident or sports, can lead to confusion and problems remembering new information. This is especially common in the early stages of recovery. But head injuries usually don't cause severe amnesia.

Another rare type of amnesia, called dissociative (psychogenic) amnesia, stems from emotional shock or trauma, such as being the victim of a violent crime. In this disorder, a person may lose personal memories and autobiographical information, but usually only briefly.

Amnesia can be caused by damage to areas of the brain that are vital for memory processing. Unlike a temporary episode of memory loss (transient global amnesia), amnesia can be permanent.

There's no specific treatment for amnesia, but techniques for enhancing memory and psychological support can help people with amnesia and their families cope.

http://www.mayoclinic.org/diseases-conditions/amnesia/basics/definition/con-20033182
 
9 Methods for Treating Amnesia
How can you get your memories back?

https://www.psychologytoday.com/blog/the-resilient-brain/201406/9-methods-treating-amnesia

Hypnosis is just one of these methods:

The Use of Hypnosis in the Retrieval of Memory Loss Due to Post-Traumatic Retrograde Amnesia

This information was subsequently accepted as admissible in court proceedings. This report has implications for the process of the laying down of memory, and adds support to the retrieval failure hypothesis and the catalogue model of memory formation, with virtually instantaneous encoding of memory. It is also potentially of importance in that it provides a precedent for the acceptance by courts of law of previously amnesic information retrieved by means of hypnosis.

http://www.tandfonline.com/doi/abs/10.1080/00450618709410269

However, this article is behind a paywall.

What concerns me about Marli is that with family pressure to believe that Henri is innocent, she might not have been motivated to undergo hypnosis or any of the other therapies or she may now remember the events but pretend she cannot remember them because she wants family approval.

Also, the Defence may question how can she remember them after such a long time and caste doubts especially if her evidence is damaging to their case.

What do you think?
 
First post, but have followed along with this case. Quotes in this post respectfully snipped by me, thank you for the transcription JudgeJudi.

Bold also by me.

I've transcribed the plea explanation from the beginning of the evening of the attack until HvB is in the kitchen ringing the emergency number.

Part 1

...[rsbm]...

I opened the bathroom door and looked in the direction of the banging sounds which emanated from the vicinity of Rudi’s bed. I could make out the silhouette of someone standing next to (between our two beds) or partially on Rudi’s bed. This person was busy attacking Rudi with an object which later transpired to be an axe. I initially stood frozen, trying to comprehend what was going on. I shouted for help, hoping to attract attention. I cannot remember what words I used. I also cannot recall whether I remained in the same position throughout the attack on Rudi.

The bedroom light was suddenly switched on and my Dad came into the room .

...[rsbm]...

Part 2

I suddenly heard my Mum’s voice outside my room saying, “Wat gaan hier aan?” [What's happening here?] I assumed that the attacker must have heard it too because he then left the room. I could not see what happened outside the room as my view of the door was obstructed by our bedroom wall. The attacker remained outside my field of vision for some time. I am unsure how long but it was not long. I cannot recall whether I heard any sound of an attack on my Mum outside of our room. The attacker then came back into the room and slowly came at me. At that stage I was standing close to the bottom of my bed. He was laughing and seemed almost unconcerned about my presence.

...[rsbm]...

I really want this guy to play the lottery for me. Henri's got to be the luckiest guy ever. He shouted for help from the bathroom, but the vicious attacker was unconcerned with that, and kept on attacking Rudi. Yet when Theresa a little while later yells "whats going on?" the attacker immediately up and leaves to attack her. Alright, I guess it's possible the attacker was more worried about a middle aged woman than a muscular young man.

It gets even better with his luck though, because while the intruder was attacking Rudi, after shouting for help, Henri went back into their bedroom. He had to have done so, because he says his dad came into the room, plus the next part of his story is told from a viewpoint inside the bedroom. (So Henri should be capable of remembering whether he stayed in the same position during the attack on Rudi, since he went into the bedroom). The attacker didn't even pay attention to Henri, but immediately attacked Martin when he came in later. Henri was still in the bedroom when Theresa shouted out, and he watched the attacker leave the room. He was still apparently standing around when the intruder subsequently came back into the bedroom and finally paid attention to Henri, who was then able to easily disarm him and scare him away (I don't see anywhere if Henri also said 'boo' to the intruder to make him flee).

Then in the picture of his injuries - I see no bruises from his severe fall down the stairs. My 8 year old fell off a longboard (standing still) yesterday and his elbow and lower arm are black and blue. It looks horrible. I wish he bruised like Henri!

I guess you can say I'm having a few doubts about Henri's story. And I hope I won't get a flogging from the mods for the sarcasm. :couch:
 
I think we're spoilt for choice with this one, I could pick it all apart it's so massively ridiculous. I like the part where he heard the intruders angrily speaking in Afrikaans.

I wonder what the other guy was doing there, letting his mate confront 5 people single handedly.

Perhaps he went along to give the little guy who crawled under the electric fence a lift up over the gate.
 
I think we're spoilt for choice with this one, I could pick it all apart it's so massively ridiculous. I like the part where he heard the intruders angrily speaking in Afrikaans.

I wonder what the other guy was doing there, letting his mate confront 5 people single handedly.

Perhaps he went along to give the little guy who crawled under the electric fence a lift up over the gate.

If it wasn't such a horrific crime, it would almost be funny, wouldn't it? Sigh. :( I really hope justice will be done for Martin, Theresa, Rudi, and Marli.
 
Interesting. I've just been ploughing through the long judgement in the Petersen case and I came upon this, which was a complaint made by the accused, that she had not been read her rights, right to silence etc when she was questioned by police right after her husband's murder.

Note that HvB makes the same complaint.

This is what Desai says in his judgement:

[395]" Mr Engelbrecht's principal grouse with regard to this statement is that Accused No. 1 was not informed of her right to silence and other such rights before the statement was taken down. He has two problems in this regard. Firstly, his predecessor, Mr von Lieres, did not object to the admission of the statement in evidence. The possibility is there that he did not object because it was an exculpatory statement which advanced the accused's innocence. More importantly, Accused No. 1, the widow of the deceased, was an eyewitness at least of the events which led up to the murder of the deceased. She was an important witness for the purposes of investigating the crime. She was in effect a State witness and no rule of law requires witnesses to be warned of their rights in such circumstances."

http://www.saflii.org/za/cases/ZAWCHC/2008/64.html
 
RSBM
I don't hold out much hope for the trial being televised.

Ponnan JA has 5 years more seniority than Leach at the SCA. I’ve chosen the most salient points made by each.

https://twitter.com/Dariomilo was tweeting live from the SCA

Ponnan JA

• media has right to attend and to disseminate info in trial - so we are concerned w narrower issue here
• we have moved on since Shaik case; internationally trend towards at least appeals being broadcast live
• but is it heightened risk to fair trial if broadcast trial? Already have up to the minute tweets / Facebook posts
• why would cameras heighten the danger of precognition of witnesses ?
• I am suggesting that cameras in court have no impact on enquiry as to whether a witness will be truthful or not
• intimidating for anyone to testify in crt. Why do we conclude that cameras of itself so much more intimidating?
• (on evidence of #VanBreda expert (forensic psychiatrist) who says broadcasting adds additional stress): what based on?
• what is actual effect on trial of knowledge that being broadcast?
• we must be careful not to have instinctive aversion to things new
• struggles 2 accept that mere presence of camera enough 3 create potential of real prejudice eg have cameras in Parly though ... and it's supposed to encourage transparency

Ponnan noted that if they align with @media24 then will be ahead of many other comparable jurisdictions (Australia, New Zealand, UK, Canada.

Leach JA

• half of this trial has not been televised; would it be fair for other half to now be televised? Unfair to accused?
• potential prejudice and risk must be considered
• what about witnesses objecting and rulings re witnesses which are then appealed? Never ends.
• why doesn't Media 24 indicate in papers what it wants to broadcast? Surely that's paramount? NB consideration
• what abt prejudice 2 witness which already happens bec of broadcast
• why should right to freedom of expression hold sway?
• no empirical evidence about effects of broadcasting; but do have on record psychiatrist who says may be dangerous
• why should a commercial media company have right to broadcast where NDPP objects?
 
Just to add to the above, I think this is quite a tough call in this particular case. If I were one of the judges, the main reason I would knock it back is that the State's case has already been proceeding for almost 3 weeks. Other than that, I think Ponnan made out a better case for it to be streamed than Leach did for leave to be denied. For the life of me though I can't understand why the State object to it being live streamed.

I think it could go either way.
 
Do the parties have to complete their closing submissions before the time that has been allocated by the court, I forget now I think it's June 19th, or is that just witness evidence has to be completed by then? I think they're running to a very tight schedule now, especially with court not sitting on Fridays.
 
I don't know Tortoise. It was originally set down for 8 weeks but then I read somewhere that it was 11, i.e. the full term. Even if submissions were dealt with by the end date, whatever it is, we'd still have to wait for the judgment.
 
Anthony Molyneaux‏ @AJGMolyneaux 6m6 minutes ago

#VanBreda welcome back to week 3 of the triple axe murder trial. Proceedings kick off at 10:20am.

Court gallery is packed this morning. Case seems to be picking up interest from Cape Town public daily.

https://twitter.com/ajgmolyneaux?lang=en
 
Sorry Prime, I didn't see your post.

I wonder what the holdup is this time.
 
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