South Africa - Martin, 55, Theresa, 54, Rudi van Breda, 22, murdered, 26 Jan 2015 #3

[PrimeSuspect]

'Applicants bear the onus of proving, on a balance of probabilities, that they qualify for legal representation at State expense. To do this, applicants, must be required to provide all necessary information and documentation and answer all relevant questions as to their financial circumstances.'


(Legal Aid)

http://www.saflii.org/za/cases/ZASCA/2010/112.html

 

[Fluffykins]

How about they use his bail money and let him sit it out in prison? I know, nasty right?

No, not even a little bit, Prime - he shouldn't be out anyway. I can't figure out how it is a multiple axe murderer got let out on bail in the first place. I think it's a :great: suggestion!

 

[JudgeJudi]

Do you think that's where this is heading, JJ?

I wouldn't presume anything because all I can say is OISA.

 

[L2L]

Yes, how on earth did he ever get bail? A multiple axe murderer on the loose! I like Prime's suggestion too!

 

[JudgeJudi]

How about they use his bail money and let him sit it out in prison? I know, nasty right?

Oh Prime, that's so funny because ... his bail was R100,000 = AUD 9,500!!!!!!!

 

[JudgeJudi]

No words.

 

[JudgeJudi]

The Judge is back.

 

[JudgeJudi]

You tell him Judge.

 

[PrimeSuspect]

https://twitter.com/Traceyams

Judge Desai is back, he summarises the application and opposition thereto which is before him

Desai appreciates the inconvenience but it is mitigated somewhat as his client is out on bail

Desai: suggestion this is high profile is not important to this nor should it affect the rights of accused

Desai: it is not the states fault that they find themselves in this position. INterest of Justice is NB

As such Judge Desai finds in favor of the states application and postpones to 11 September 2017

Desai: Matter is postponed to 11 September 2017, Henri's bail is extended

 

[JudgeJudi]

Desai says the trial has already run for over 30 court days.

The witness is the final witness for the State.

Ms Galloway has submitted the evidence is relevant to the case.

She has indicated if not available, they will explore other options.

Mr Botha has strenuously objected.

Refers to the expert being flown in.

Botha and his Junior are being prejudiced, as they are in private practice.

Appreciates the inconvenience, but is mitigated that he is out on bail.


High profile matter is not relevant in this matter.
Right to fair trial.

No fault of the State, they find themselves in this position. That fact together with interest of justice must be considered with the fair trial rights of the accused.

Application is in favour of the State.

Postponement date: September 11.

http://www.news24.com/SouthAfrica/N...in-van-breda-trial-to-take-the-stand-20170821

 

[L2L]

OISA!!! Bye everyone! Lovely afternoon tea, Prime...thank you!

 

[PrimeSuspect]

Botha says the client has run out of funds, they've lost money flying an expert in, why couldn't the expert take the stand? Was this expert going to refute the evidence presented by Joubert? Botha hasn't had a witness do any of this, he or Combrink have done it themselves. Does this expert even exist?!!

If Botha is complaining already, how is this trial going to proceed for a further, 2, 3, 4 weeks? Is this some kind of tactic to get his client off? What kind of cowboy operation does this Botha run?!

 

[JudgeJudi]

Yes, how on earth did he ever get bail? A multiple axe murderer on the loose! I like Prime's suggestion too!

I think this had a lot to do with the fact that it took nearly 18 months before he was charged. The magistrate ruled releasing him would not jeopardise the case or public safety and made him surrender his passport.

I guess we're all entitled to our own opinions on that. Three murders, nearly a fourth? I'd have locked him up immediately.

 

[L2L]

I think this had a lot to do with the fact that it took nearly 18 months before he was charged. The magistrate ruled releasing him would not jeopardise the case or public safety and made him surrender his passport.

I guess we're all entitled to our own opinions on that. Three murders, nearly a fourth? I'd have locked him up immediately.

Me too, JJ!

 

[Tortoise]

Maybe the magistrate should have offered to have Henri stay at his/her house with an axe lying around. That would be one way of assessing risk to public safety.

 

[Interested Bystander]

Bit rich, Botha wanting to hurry it along!

I agree. He is the one that has caused the case to become protracted. Maybe Desai should have commented this trial would have been over a long time ago if Botha had not been so awkward but I guess he is not allowed to do that.

 

[Interested Bystander]

Well, I didn't miss much AGAIN.:gaah: I looked in much earlier and nothing was doing. Now when I have time to follow, I see it is postponed yet again.

 

[tmar]

I like Dr Amen so you might like to read this article by him:

Can a Brain Scan Tell Us Whether a Criminal Will Reoffend?

http://www.amenclinics.com/blog/can-a-brain-scan-tell-us-whether-a-criminal-will-reoffend-2/

Estelle. Thank you.

The information, the articles, the literature you have provided is outstanding.
It is so helpful in trying to figure out HvB character.
Looking forward to reading loads more from you.

 

[tmar]

Bit rich, Botha wanting to hurry it along!

Botha delayed matters continually, repeatedly with ridiculous questioning.
Now changes his mind, and needs to hurry through.

YUK.
Hope when he continues wasting time later, with his line of questioning, he will be reminded, that he wanted to 'hurry along'.!!

 

[Tortoise]

So we're back on Monday September 11th, probably with one week of evidence before the state closes its case.

That puts the defence case starting around Monday Sept 18th, and then there's the defence case starting for Christopher Panayiotou on Tuesday Sept 26th, with CP unlikely to take the stand.