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

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Malan says when they arrived, his partner went to speak to Dr Albertse, he waited with Henri. Henri then went into the room to note his injuries.

Sgt. Adams was with the doctor and Henri, Malan had been waiting in the waiting area.

Botha says Henri told him both officers were with them in the room when Albertse examined him.

Malan says the room was too small.

He says he doesn't know what happened in the examination room. He can't say if Henri was treated.

Malan says he doesn't know of Dr Albertse being asked if Henri's injuries could be self-inflicted.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-19-20170529#cxrecs_s
 
They left De Zalze just after 11:00.

We arrived just after 8:00 and had been there for a while. What I remember is that we left just after 11:00.

Botha says Dr Albertse noted they had been at her room at 10:30.

Malan concedes, saying that he accepts her version.

Henri was told to accompany you to a doctor, Botha tells Malan. Malan confirms this.

Where did you see him the first time? Outside the ambulance, Malan says.

Botha says he was originally wearing white socks, grey pyjama bottoms and the boxer shorts.

Malan says he doesn't know about this.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-19-20170529#cxrecs_s
 
They had driven in a sedan car, Malan says, after Henri in his version said they had been in a double-cab bakkie.

Henri had been in the back seat.

Henri said they had told him they were taking him for treatment, Malan says they told him it's to have his wounds documented.

Botha says they asked him the race of his attacker.

Malan says they asked for a description.

Botha says Henri said he only saw one, and the person was black.

Botha says they told him that Marli had been given a drug, which makes her wide awake and telling us everthing.

Malan says this was never said.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-19-20170529#cxrecs_s
 
Major Mathee was media spokesperson who dealt with media queries.

Botha says his uncle Andre Du Toit said Major Mathee introduced herself to them at the scene, and told them to contact her if they had any questions.

Henri had already left by then.



They were told that Marli had been taken to Stellenbsoch Mediclinic.

Malan can't recall this.

They arrived at the police staion just after 12:00, Malan said.

Dr Albertse says they left station just after 11:00, Botha says.

Could it have been earlier? He says it could be.

Henri was left in an office, officers coming and going.

Malan says there are about 4 investigating officers at the officers.

Henri said he was still only dressed in his boxer shorts.

Malan says during Col Benecke interview with Henri, he had been wearing long pants.

He understands the family arrived and this is where he got it.

We had been standing in the office, someone let us know that the family was there, Adams left the room and I left too. When we came back, the victim was dressed this way.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-19-20170529#cxrecs_s
 
Malan says he was wearing long pants and t-shirt. He was wearing flip-flops.

The family wanted to see Henri, and their request was denied, Botha says.

They then phoned Mathee, and told her they may not see Henri.

Malan says he doesn't know about this

Botha says while sitting there, he was given cigarettes and allowed to smoke.

At one stage an officer came with food and drinks for officers, and he was given a Coke. Then taken to another office, Col Benecke's, says the aircon was set on cold.

Malan says the office wasn't cold.

The windows were open, Malan says.

He doesn't know if there is air-conditioning in Benecke's office.

Benecke described by Henri as a big man, saying he didn't introduce himself, just poured a Coke, said 'I dont believe a word of your ******** story'.

Malan said he didn't hear that.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-19-20170529#cxrecs_s
 
Malan says Bencke introduced himself and said he was going to ask him some questions.

Malan says he wasn't warned of his rights because it wasn't necessary. He was seen as a victim.

Was he asked to repeat his version? Not the whole version, Malan says. If Colonel had questions, he was asked about it.

Malan was instructed to take the statement.

Henri says during the repeating of his version, there were occasions where he wasn't sure of things like times. Col Bencke would then suggest and ask if it could be 03:00. Malan says Benecke asked the time, and asked what had happened. Henri gave all the details himself.

Botha says he told Benecke that he had only seen one of the attackers, and had hear others. Malan says Henri only mentioned one.

Botha says he said he had only seen one. Malan says he never spoke of other people in the house.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-19-20170529#cxrecs_s
 
Henri claims that Benecke said 'Marli was telling them everything', asking if his version would be the same as hers. Malan says he has no knowedge of this.

Henri says Benecke asks why he didn't help his brother when attacker attacked him with the axe. Henri became emotional, cried. Malan says it could have happened when he wasn't present.

Benecke was also at scene that morning.

Apparently asked Andre du Toit how the family's relationship was. Du Toit said it was good, suspects he may had wanted to know if there was an arrangement.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-19-20170529#cxrecs_s
 
Malan says he didn't ask Henri that.

Malan says his task had been to take his statement.

He says Henri wore a t-shirt from Dr Albertse's room to the police station.

Botha says Mr Du Toit and his wife were the only family members at scene. They say they didn't give him long pants.

Botha says clothes were given to Malan (board shorts, flip flops and a t-shirt) while he was typing Henri's statement.

Malan says this is not true.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-19-20170529#cxrecs_s
 
Henri later arrived at the Reade-Jahn's home dressed in the board shorts, t-shirt and flip flops. Malan says he doesn't know.

Bianca van der Westhuizen's (who Botha calls Henri's then-girlfriend) mother had bought it for him.

[I don't know why Botha persists with this. Bianca said quite clearly she was not his girlfriend]

Malan says he doesn't know of this.

Henri's statement taken at 2:20. Malan confirms this.

He can't remember if Henri gave his version of events more than once.

Henri was asked if he had taken any drugs before the murders. Malan says he doesn't know of this.

Dr Van Zyl said she was told by two officers that night that Henri was alleged accused.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-19-20170529#cxrecs_s
 
JudgeJudi said:
Henri later arrived at the Reade-Jahn's home dressed in the board shorts, t-shirt and flip flops. Malan says he doesn't know.

Bianca van der Westhuizen's (who Botha calls Henri's then-girlfriend) mother had bought it for him.

[I don't know why Botha persists with this. Bianca said quite clearly she was not his girlfriend]

Malan says he doesn't know of this.

Henri's statement taken at 2:20. Malan confirms this.

He can't remember if Henri gave his version of events more than once.

Henri was asked if he had taken any drugs before the murders. Malan says he doesn't know of this.

Dr Van Zyl said she was told by two officers that night that Henri was alleged accused.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-19-20170529#cxrecs_s
Click to expand...

It is weird because Bianca says they went out 2 or 3 times, he was not her bf. But what explanation can there be for HvB calling her after the attacks? Did he know she wouldn't answer because they weren't an item, but it would appear like he was reaching out to someone? Did he even intend to talk to her? He's so full of BS!
 
Botha says it would be strange to draw blood of a witness.

To check for drugs or alcohol. Malan says it would be.

If it's not a witness, and it's an accused, it could be relevant whether the person has alcohol or drugs in it.

That's correct, Malan responds.

Refers to statement, Botha says there is a number of spelling and language errors.

Malan confirms there are spelling errors.

'All of us was' - Botha points out in paragraph 3.

His client says this was definitely not English he would use, Botha says.

Malan says there are errors. Botha asked if he paraphrased. Malan says he was objective, used every word Henri gave. He never added his own words.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-19-20170529#cxrecs_s
 
Botha says if there was a recording, these are the words we would hear. Malan says yes.

Malan says he may have typed incorrectly.

Spelling and language errors only.

Botha asks Malan if after he finished the statement, if he gave Henri an opportunity to read it on the PC.

Botha asks Malan if after he finished the statement, if he gave Henri an opportunity to read it on the PC. Yes, Malan says. Henri says he saw there were language and spelling errors, but he wanted to go home and just signed it.

Malan says he printed it and that is the version Henri read.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-19-20170529#cxrecs_s
 
He was asked to sign, but before signing he asked if he needed a lawyer. Malan ostensibly asked 'Why? Are you guilty? Malan denied this.

When Malan was done, he left the room, and Henri left to join his family.

Henri's statement was certified.

Was anything given to him to eat? No, Malan says.

He says Henri didn't ask for anything.

Botha asks Malan to look at the statement of his actions that day.

Taken September 2015.

Why wait so long? Botha asks. During investigation he was asked to do it, Malan says.

Asks him about how we recalled the times of his interaction with Henri. Malan says he had to look in his pocket book.

He says the administrative section has it. Botha asks for copies, Malan says he will supply it to the court.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-19-20170529#cxrecs_s
 
https://twitter.com/Traceyams

Adv Botha now hands up the statement? Judge Desai - why are u handing it up is it provisionally admitted?
Judge Desai - that defeats purpose of trial within a trial?
Actual admissibility will then be decided at the end of the trial? says Judge Desai
Adv B: it happens and has in recent passed that the Judge considers the content and divorce your mind if you find admissible

AdvG:is it now that the content is disputed?If its only admissibility thereof content not issue then its not trial within trial

Judge Desai ur objection was premised on a. not given rights sec 35 b. food sleep deprivation etc
J Desai I understand u now say its also not admissible cause its not accurately recorded? Is that right?
Adv B: the reference to circumstances he found himself, re food water medical care is relevant to whether he was seen as suspect

(oh for pete's sake, what is Botha doing, just wasting time?!)
 
This is sooooo boring that the new24 reporter hasn't posted anything for 20 minutes!!!

Zzzzzzzzzzzzzzzzzz
 
OMG, even Roger Dixon would be exciting compared to this, and that's saying something.

The witness of "The instruments I used were my eyes" fame. :)
 
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