Quite subtle movements, but noticeable. Even an occasional shake of the head. Clutching at straws perhaps!
GUILTY South Africa - Gill Packham, 57, murdered, Cape Town, 22 February, 2018 *arrest*
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Quite subtle movements, but noticeable. Even an occasional shake of the head. Clutching at straws perhaps!
JudgeJudi
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Rob Packham speaks with his lawyer. His daughters and sister are present. It is expected that counsel will postpone for sentencing arguments.
Judge questions why Kerry doesn't want to be broadcast live. Webster: "This process is intimidating if done live. The particular witness is a teacher who teaches primary school pupils". Judge orders it will not be broadcast live.
Defence lawyer, Adv Craig Webster, says it will call Rob's daughter Kerry Meyer as a single witness in mitigation of sentence. She has requested that video and audio of her not be broadcast.
Eldest daughter Kerry takes the stand and is sworn in. She confirms she is 28 years old and her sister Nicola is 26. "I was born in Johannesburg but grew up in Cape Town."
Team News24 (@TeamNews24) | Twitter
Judge questions why Kerry doesn't want to be broadcast live. Webster: "This process is intimidating if done live. The particular witness is a teacher who teaches primary school pupils". Judge orders it will not be broadcast live.
Defence lawyer, Adv Craig Webster, says it will call Rob's daughter Kerry Meyer as a single witness in mitigation of sentence. She has requested that video and audio of her not be broadcast.
Eldest daughter Kerry takes the stand and is sworn in. She confirms she is 28 years old and her sister Nicola is 26. "I was born in Johannesburg but grew up in Cape Town."
Team News24 (@TeamNews24) | Twitter
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Kerry: I am currently teaching at a school in Oxford. I have been doing so since May 2016. Before then, I had only lived at home. I had never moved out.
Kerry confirms she got married in December 2018.
Kerry speaks fondly of her dad and how they used to train for cycling tours and marathons together. "He was always somebody I could go to for advice. For working life, studying, he was always there to listen and to help wherever he could."
Kerry: He was always the breadwinner and worked really, really hard to provide for us all and give us the best possible life. He took care of all three of us. Judge: Who is the third person? Kerry: My mother. He worked really hard to give us a good life.
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Kerry confirms she got married in December 2018.
Kerry speaks fondly of her dad and how they used to train for cycling tours and marathons together. "He was always somebody I could go to for advice. For working life, studying, he was always there to listen and to help wherever he could."
Kerry: He was always the breadwinner and worked really, really hard to provide for us all and give us the best possible life. He took care of all three of us. Judge: Who is the third person? Kerry: My mother. He worked really hard to give us a good life.
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Kerry says she was also very close to her mom and they told each other everything. Her mom discussed her dad's affair with her. She said her dad was never violent and never showed violence or aggression towards them or their mother.
Kerry: "He [Rob] is a very kind and caring man, is always concerned about others, asking how they are, my friends, my husband, how they are doing. He is always aware of important events taking place... and is always willing to help other people as well."
Kerry said her parents had a normal happy "loving warm" marriage with ups and downs. The affair had huge impact and caused her mom a lot of hurt and anger. "It was something that was taking time, that they were working through together to deal with".
Kerry speaks about her father starting business to provide cheaper computers to locals. She said it was very traumatic when it failed because they had to sell family home in Rondebosch and holiday home in Hermanus.
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Kerry: "He [Rob] is a very kind and caring man, is always concerned about others, asking how they are, my friends, my husband, how they are doing. He is always aware of important events taking place... and is always willing to help other people as well."
Kerry said her parents had a normal happy "loving warm" marriage with ups and downs. The affair had huge impact and caused her mom a lot of hurt and anger. "It was something that was taking time, that they were working through together to deal with".
Kerry speaks about her father starting business to provide cheaper computers to locals. She said it was very traumatic when it failed because they had to sell family home in Rondebosch and holiday home in Hermanus.
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Hilarious.
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Kerry says she would like her dad to be around for when she and her sister have children. "I Just ask that if you could not put him away forever."
State prosecutor Susan Galloway asks if the all happy memories she has of her childhood include her deceased mother Gill. Kerry agrees. "We were a close family. Obviously there were different dynamics between all of us but we were a close family."
State points out that it was not only Rob who was the breadwinner. Court hears that when he was unemployed, Gill supported family with short-term lets of two flats she owned in Claremont. Her job at Springfield Convent school was to earn extra money.
Kerry says her dad doesn't like conflict. On fights between her parents: "Sometimes he would be frustrated and would be cross too and they may share some words with one another, but other times he tried to make peace."
Team News24 (@TeamNews24) | Twitter
State prosecutor Susan Galloway asks if the all happy memories she has of her childhood include her deceased mother Gill. Kerry agrees. "We were a close family. Obviously there were different dynamics between all of us but we were a close family."
State points out that it was not only Rob who was the breadwinner. Court hears that when he was unemployed, Gill supported family with short-term lets of two flats she owned in Claremont. Her job at Springfield Convent school was to earn extra money.
Kerry says her dad doesn't like conflict. On fights between her parents: "Sometimes he would be frustrated and would be cross too and they may share some words with one another, but other times he tried to make peace."
Team News24 (@TeamNews24) | Twitter
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As far as we're aware, Henri van Breda had never shown violence or aggression towards anyone in his family ... until he murdered his parents and brother with an axe, and by a miracle his sister survived.
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Kerry was really sad that her mom couldn't be at her wedding.
Judge asks about her dad not being there. "Obviously I was really sad about that too. Yes it’s a very difficult situation and I know many people don’t understand but he is still my father."
Judge asks Kerry what mom was like.
"She was a wonderful woman, had the biggest heart, very kind, a wonderful friend, a wonderful wife, a wonderful sister." She struggles to express how her death has affected her emotionally, saying she is devastated.
Kerry is excused from the stand and defence says that is the evidence for sentencing.
State hands up two victim impact statements from Gill's sisters.
Team News24 (@TeamNews24) | Twitter
Judge asks about her dad not being there. "Obviously I was really sad about that too. Yes it’s a very difficult situation and I know many people don’t understand but he is still my father."
Judge asks Kerry what mom was like.
"She was a wonderful woman, had the biggest heart, very kind, a wonderful friend, a wonderful wife, a wonderful sister." She struggles to express how her death has affected her emotionally, saying she is devastated.
Kerry is excused from the stand and defence says that is the evidence for sentencing.
State hands up two victim impact statements from Gill's sisters.
Team News24 (@TeamNews24) | Twitter
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Judge has asked Kerry to return to the stand for a "couple of questions".
Judge tells Kerry that's she very aware it must be difficult testifying about one person who remains while another is not around. She is grateful for her testimony.
Judge asked Kerry about relationship between Gill and her sisters. There were some divisions and estrangement but they had reconnected in the time before her death.
Judge Steyn says Gill's sisters are "incredibly traumatised" by what happened. Kerry replies that everybody is. She goes for counselling weekly and thinks everyone in the family has gone for professional help.
Team News24 (@TeamNews24) | Twitter
Judge tells Kerry that's she very aware it must be difficult testifying about one person who remains while another is not around. She is grateful for her testimony.
Judge asked Kerry about relationship between Gill and her sisters. There were some divisions and estrangement but they had reconnected in the time before her death.
Judge Steyn says Gill's sisters are "incredibly traumatised" by what happened. Kerry replies that everybody is. She goes for counselling weekly and thinks everyone in the family has gone for professional help.
Team News24 (@TeamNews24) | Twitter
JudgeJudi
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The matter has been postponed until June 10 for sentencing arguments.
Sentence is expected to be handed down on June 12.
Team News24 (@TeamNews24) | Twitter
Sentence is expected to be handed down on June 12.
Team News24 (@TeamNews24) | Twitter
Frequently guys like Packham are abusers - it just remains hidden in the marriage until they finally do something really bad.
We saw the same with old Pistolius
JudgeJudi
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I agree with your first para.
OP was definitely different and many people saw that he had a huge temper long before he killed Reeva. Have you forgotten my document "Oscar is a Danger to Society"? 3+ pages in length starting from 2003. I still have it.
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JudgeJudi
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Gill Packham's sisters are relieved that justice was meted out to her husband Rob after he was convicted of killing her and attempting to defeat the ends of justice by setting her car and body alight in February 2018.
Helen and Sue Humphrey issued a joint statement on social media following the judgment that was handed down on Monday.
"For the past 15 months we have been dealing with the brutal murder of our sister Gillian Packham (nee Humphrey) and the subsequent revelations of the tragic and painful circumstances she was subjected to in the years and months leading up her murder by Rob Packham," they said.
"The conspiracy of silence surrounding Gill" meant that it was only through the trial that they learned the full extent of what was happening in the Packham family in the last few months of her life.
"Today's outcome by Judge [Elize] Steyn allows us to acknowledge that justice has occurred for our sister. The fact that justice has been done does not take away the fact that girls lost their mother and we lost a beautiful sister."
'Justice has been done' - Gill Packham's sisters
Helen and Sue Humphrey issued a joint statement on social media following the judgment that was handed down on Monday.
"For the past 15 months we have been dealing with the brutal murder of our sister Gillian Packham (nee Humphrey) and the subsequent revelations of the tragic and painful circumstances she was subjected to in the years and months leading up her murder by Rob Packham," they said.
"The conspiracy of silence surrounding Gill" meant that it was only through the trial that they learned the full extent of what was happening in the Packham family in the last few months of her life.
"Today's outcome by Judge [Elize] Steyn allows us to acknowledge that justice has occurred for our sister. The fact that justice has been done does not take away the fact that girls lost their mother and we lost a beautiful sister."
'Justice has been done' - Gill Packham's sisters
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RP accused was expressionless when he heard that he had been found guilty.
Judge Steyn found that the State witnesses had been honest, consistent and credible.
"The totality of the evidence points overwhelmingly to the guilt of the accused considering legal principles quoted. I find that the State has discharged the onus resting on it to prove the guilt of the accused beyond reasonable doubt. His version is clearly fabricated, cannot reasonably, possibly or probably be true and is rejected."
She said he was an accomplished liar who deceived his wife, his girlfriend and family. He was shown to be living a selfish, destructive life.
"The accused did not act in a manner expected of a distraught and later bereaved husband and when he was challenged about his conduct, he responded in a manner incompatible with the situation," she said.
"During the proceedings in court, the accused did not express emotion, not even when the pathologist gave gruesome evidence of the injuries to the deceased."
'Justice has been done' - Gill Packham's sisters
Judge Steyn found that the State witnesses had been honest, consistent and credible.
"The totality of the evidence points overwhelmingly to the guilt of the accused considering legal principles quoted. I find that the State has discharged the onus resting on it to prove the guilt of the accused beyond reasonable doubt. His version is clearly fabricated, cannot reasonably, possibly or probably be true and is rejected."
She said he was an accomplished liar who deceived his wife, his girlfriend and family. He was shown to be living a selfish, destructive life.
"The accused did not act in a manner expected of a distraught and later bereaved husband and when he was challenged about his conduct, he responded in a manner incompatible with the situation," she said.
"During the proceedings in court, the accused did not express emotion, not even when the pathologist gave gruesome evidence of the injuries to the deceased."
'Justice has been done' - Gill Packham's sisters
JudgeJudi
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Judge Steyn said during sentencing arguments that RP has not opened up about how his wife's murder impacted on him. "How wonderful, caring and supportive of his wife can he have been if he killed her and, for years, deceived her?" the judge asked. "He hasn't told me that he has any remorse, he hasn't told me that he misses his wife... that he is getting therapy. He hasn't indicated at all that this matter haunts him, that it leaves a gap in his life," she said.
Packham hasn't shown that his wife's murder haunts him - judge
Packham hasn't shown that his wife's murder haunts him - judge
JudgeJudi
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The State has asked for a life sentence.
The Defence has argued that substantial and compelling circumstances justify a sentence less than 15 years and that a term of imprisonment of 12 years should be imposed.
The State submits that minimum sentences should not be departed from lightly and should ordinarily be imposed. Regarding a life sentence, the Court has the discretion which is not fettered by the minimum sentence legislation insofar as its ability to impose a sentence higher than the minimum prescribed inappropriate sentence. Sentences in excess of the minimum sentence are appropriate if they are commensurate with the seriousness of the offences. The SCA confirmed a life sentence. Their decision was largely based on the appellant's lack of remorse which the court found so aggravating.
The Judge told Adv. Webster that "The aspect that you should address for me is the aspect of femicide in South Africa, and the views of the courts relating to femicide in South Africa and the prevalence of the violence towards women, and more particularly to partners in SA, men on their partners, female partners. There are a lot of judgments that I hope Miss Galloway will refer me to, I think lots of judgments relating to that aspect which I presume will be argued to be aggravating factors. Should you not also tell me about that that because it obviously is something I will have to bear in mind".
If RP got the minimum sentence of 15 years, he could be out in half that time as it is a first offence. There would be no justice for Gill at all IMO if that were the case. I feel Judge Steyn wants to give him more than 15. The question is, will she give him a life sentence.
Sentencing has been set down for tomorrow, Wednesday, 12 June at 11:00am.
The Defence has argued that substantial and compelling circumstances justify a sentence less than 15 years and that a term of imprisonment of 12 years should be imposed.
The State submits that minimum sentences should not be departed from lightly and should ordinarily be imposed. Regarding a life sentence, the Court has the discretion which is not fettered by the minimum sentence legislation insofar as its ability to impose a sentence higher than the minimum prescribed inappropriate sentence. Sentences in excess of the minimum sentence are appropriate if they are commensurate with the seriousness of the offences. The SCA confirmed a life sentence. Their decision was largely based on the appellant's lack of remorse which the court found so aggravating.
The Judge told Adv. Webster that "The aspect that you should address for me is the aspect of femicide in South Africa, and the views of the courts relating to femicide in South Africa and the prevalence of the violence towards women, and more particularly to partners in SA, men on their partners, female partners. There are a lot of judgments that I hope Miss Galloway will refer me to, I think lots of judgments relating to that aspect which I presume will be argued to be aggravating factors. Should you not also tell me about that that because it obviously is something I will have to bear in mind".
If RP got the minimum sentence of 15 years, he could be out in half that time as it is a first offence. There would be no justice for Gill at all IMO if that were the case. I feel Judge Steyn wants to give him more than 15. The question is, will she give him a life sentence.
Sentencing has been set down for tomorrow, Wednesday, 12 June at 11:00am.
I remember all these debates about "substantial and compelling circumstance" from the Pistorius case - Masipa completely messed up the law and the SCA had to fix it.
It is hard to imagine there are any substantial and compelling circumstances available in this case!
I agree with the Judge - domestic murders should be regarded as aggravated rather than seen as mitigating - such an old fashioned crime of passion idea.