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

[Estelle]

I've been away for a couple of weeks but it seems I've not missed much in terms of court time!

Thank you for your thoughts and insights - very interesting to read.

I've been in Koh Samui, Thailand, had have just returned today so I have not missed much either.

 

[JudgeJudi]

I don't know much about how trials work. I'm wondering what more evidence would there be besides Joubert's? Or is he going to give evidence one day and Botha will take the rest of the week to cross examine? Or does the prosecution give a summary as part of its evidence?

Joubert is the last witness for the State but as he is a crucial witness, his cross-examination will take a number of days. He may well be in the box for the best part of a week.

After the State has closed its case, the accused normally testifies first for the defence, is then cross-examined and re-examined. The remainder of the defence witnesses follow.

Once the defence closes its case, the court will give counsel approx. a month to prepare their heads of argument (closing arguments) and file them with the court.

The Court will then set down a date for Counsel to address the court, at which time each side will highlight certain points of their heads of argument. The State will present their case first followed by the Defence. The State may then reply. The Judge will then advise when he will deliver his judgment – this will probably be in a further month. The judgment will be a very lengthy document as he needs to provide reasons as to how he reached his verdict.

 

[JudgeJudi]

My understanding is that because the counsels are not experts in these various fields of science, blood spatter or dna for example, they have their expert in court to guide their questions and challenge the state's evidence. I don't know if they intend to call them back as well, to testify during the defence's case. I'd say they probably will if their expert has a different analysis that can't be introduced through cross-examination of the state's witness.

In the case of their dna expert, I doubt they will bring her back as a witness because the defence didn't examine any of the dna samples themselves. So she was just there to tell counsel where the state had made errors.

Your understanding is correct. Most lawyers and judges lack the adequate scientific knowledge to argue or decide the admissibility of expert testimony. For this reason it is common for an expert in a particular field to be present during the testimony of the opposing side’s expert. You’ll recall that Wollie Wolmarans was present in court before, during and after Chris Mangena testified for the State in the OP trial re ballistics.

The overriding duty of an expert witness is to provide independent, objective and unbiased opinion on matters outside the experience or knowledge of a judge or jury.

 

[JudgeJudi]

Can Botha start introducing witnesses for the Defence before the prosecution case is wrapped up? I thought it was usual for the PT to finish and then the suspect takes the stand before any Defence witnesses. Either Botha was lying or the indication is that HvB is not going to take the stand. Surely HvB would spend some time, possibly days, telling his lies if he was going to appear before the court.

No. The defence can’t start until the State has closed its case. The accused usually testifies first for the defence.

 

[JudgeJudi]

The blood spatter expert, Captain Marius Joubert is expected to take the stand today.

 

[JudgeJudi]

Here's a timeline leading up to the day/night of the murders.

2006
Friends said that fear of crime was the main reason why Martin and Teresa left South Africa. They emigrated to Claremont, a Perth suburb, at the beginning of 2006 and resided there for almost 7 years.

2011
Rudi commenced tertiary studies at Melbourne University and was a dean’s honour list member for science.

2012
27 October – Martin purchased a home in Buderim, Queensland.
Marli was a student at Matthew Flinders Anglican College, Buderim.

2013
Henri enrolled at Melbourne University to study physics.
Rudi graduated with a bachelor of science.

2014
Rudi was studying for a master’s degree in mechanical engineering.
Henri temporarily halted his studies mid-year in order to have what he called a “gap year”.
(Julian Jansen, an investigative reporter is presently writing a book The De Zalze Murders: The Story Behind the Brutal Axe Attack.on the murders. His research suggests he dropped out of university after showing signs of disturbed behaviour, possibly aggravated by drugs.)

Later in the year, Martin visited South Africa and decided to pursue a new business.

In late November the family started relocating from Buderim to South Africa. According to Teresa’s sister, Narita du Toit:

Marli was the first to arrive in November because she had to attend a camp at Somerset College.
Martin and Teresa arrived on 1 December.
Henri followed some days later.
Rudi flew over mid-December.
Photos of the siblings when they were younger are included in the link.

https://www.pressreader.com/south-africa/you-south-africa/20150827/283046938218654

2015
27 January – The murders occurred 6 weeks after Rudi arrived.

 

[JudgeJudi]

Court is in session. Captain Marius Joubert takes to the stand. He is a seasoned policeman with 27 years' experience in the force.

http://www.news24.com/SouthAfrica/News/live-henri-van-bredas-murder-trial-resumes-20170911

The above link includes a live link to the courtroom.

 

[JudgeJudi]

Joubert has compiled a presentation to present his findings.

Short break as TV is set up.

Graphic material will be shown in the presentation, so the live stream will be turned off.

http://www.news24.com/SouthAfrica/News/live-henri-van-bredas-murder-trial-resumes-20170911

 

[JudgeJudi]

Joubert explains blood stain pattern analysis can provide info on how crime committed. Blood has a fluid response to external force.

Joubert is highlighting is giving a basic introduction into blood spatter analysis, and operating procedure.

http://www.news24.com/SouthAfrica/News/live-henri-van-bredas-murder-trial-resumes-20170911

OISA would you find the livestream not working when they've had an entire weekend to get it set up and test that it's functioning. The live news feed is woeful at the moment too.

 

[JudgeJudi]

As Prime isn't here yet, I'll start posting Tracey's tweets.

Joubert starts by introducing his CV into the record

Adv Botha: re the CV experience of Joubert we are not placing that in issue, take it as correct

Joubert reads through his CV and the various courses he has completed

Joubert has an extensive CV in inter alia advanced crime scene investigation, blood stain pattern analysis

Joubert is on para 29 of his qualifications, still going through them

Joubert has been a crime scene investigator since 1993 he is a member of the international association of blood stain pattern ana

Joubert has compiled a presentation on how he actually does the analysis

Presentation is handed up Adv Botha has no objection but he only received one exhibit this morning, admitted provisionally

https://twitter.com/traceyams?lang=en

 

[JudgeJudi]

Joubert is going to read out his presentation in court

Court will adjourn shortly to set up the television to display the presentation Joubert has prepared

Joubert: the end product is to help us understand the nature of the action, what created them and where these actions occurred

Joubert:BSP are considered scientific evidence

J: evaluate the stains, lastly form a view

Joubert: performing BSPA- he received education, courses, conducted case works

J: references articles on BSPA and crime scene reconstruction

J: Quoting several sources he uses as references to form his analysis these are text books and articles, journals etc

J: is still reading his reference works explaining what he has read and studied to aid him in completing his analysis

J: in this case he consulted with two other experts in producing his analysis and complied with International standards

https://twitter.com/traceyams?lang=en

 

[JudgeJudi]

J smear pattern- transfer of blood from one object to another some form of contact-

wipe pattern; blood stain when an object moves past a stain

J: pattern transfer any stain created by the transfer of blood from on object to another

J: pool- collation of liquid blood

J: shows photos not from this crime scene but just examples

J: shows stains where there has been movement of a body (not actual scene pics only examples)

J: shows a flow pattern example where a change has occured showing the body has been moved

J: showing example slides of blood stains of victims who have been attacked in bed and then removed from the bed and dragged

J: clotting process takes around 3-15 min to start

J; shows a slide which displays the drying time of blood

https://twitter.com/traceyams?lang=en

 

[JudgeJudi]

J: Blood drop dries from the outside first

J: small/thin blood stains will dry in a few minutes

J: reads out the various factors which would play a role in how long it takes blood to dry including room temperatures, air etc

https://twitter.com/traceyams?lang=en

I thought I may as well post these 3 little tweets because the lights are on but no-one's home.

 

[JudgeJudi]

We are back from the tea adjournment

J will start reading out his statement

J:during my official duties on 27 Jan 17, I was requested by Det. Beneke 2 attend crime scene detection and id of possible blood

I made the following assumptions- all reddish brown fluid consistent with blood so will be referred to as blood in report

J:all significant blood stains pertaining to event were commented on

J: all blood stains belonged to the victims (assumptions for report)

J: I documented blood stains and patterns by means of photographs with measurements for my report

J: tasked a technician with documenting and collecting samples

During Jan 2015 following blood stains identified

https://twitter.com/traceyams?lang=en

 

[JudgeJudi]

1. Non spatter on tile floor at front door entrance of house. Regular shape, transfer blood stain suggests contact

J: 2. non splatter blood stain on tile floor at front entrance, regular stain no recognisable pattern, transfer blood stain

Contact with a blood stain object and tile floor resulting in blood being transferred from the object to the tile floor

3. non splatter blood stain on tile floor at the front door entrance, regular shaped blood stain (same as 1&2) transfer stain

4. Non-splatter blood stain in carpet in front of stair case leading to bedrooms. Irregular margin, splatter stains around

J: created as a result of blood dripping from first floor onto the carpet on the ground floor

Splatter blood stain on kitchen door elliptical blood stain 575mm surface. No DNA could be obtained from this sample

J: spatter blood stain on staircase, circular drips. Created as result of blood dripping from a source of motion above stairs

J: Non splatter blood stain on right leg of Teresa van breda. Suggests gravity as the mechanism.

https://twitter.com/traceyams?lang=en

 

[JudgeJudi]

Splatter blood stains on buttocks of victim, Teresa, suggest gravity as possible position mechanism.

J:blood dripping from a moving object perpendicular to and above the buttocks area of Teresa

J: non spatter blood stain on tile on first floor, suggest contact as position mechanism, cause blood stained stretcher

J: Spatter blood stains on tile floor on first floor passage. Blood drips, gravity as position mechanism, created as result

J: of blood dripping from a moving object perpendicular to the surface

https://twitter.com/traceyams?lang=en

 

[JudgeJudi]

J: Spatter blood stains on the first floor passage way. Impact spatter pattern 24.56 degrees blood stains suggest impact as

J: position mechanism are result of force applied to blood source close to the floor and to the left of the impact spatter pattern

J: non spatter stain on 1st floor, swipe pattern, contact as position mechanism, created by contact btw blood object and surface

J: non spatter blood stain on first floor, swipe stain, contact as position mechanism, likely created by medical personnel

J: swipe Blood stain had DNA of Marli van Breda

https://twitter.com/traceyams?lang=en

 

[JudgeJudi]

J: Splatter blood stains, suggest impact, created as result of force applied to blood source, impact received some force

Donor of these blood stains is Marli as indicated by Otto's DNA report

J: spatter on Henri's bedroom door

J: Spatter blood stains on Rudi's bed, impact spatter pattern

J: stain probably created as result of force applied to blood sources

Donor of these blood stains is Rudi van Breda

J: Spatter blood stains created as result of blood bearing object in motion

https://twitter.com/traceyams?lang=en

 

[JudgeJudi]

J: Spatter blood stain on bedroom door circular shape stain suggests impact

J: Spatter blood stains Henri's bedroom wall, circular, result of force applied to source breaking up the blood through the air

J: Splatter blood stains next to head board of Rudi, impact splatter pattern, angle is 32.80 degrees

J: created as result if force applied to blood source on the bed creating an impact splatter

Non splatter stain on the floor between Henri and Rudi's bed

J suggests contact as position mechanism, created as result of contact btw blood stain object and carpet

Donor of the blood stain was Rudi van Breda

J: Non splatter blood stains on the floor of Rudi/Henri's bedroom. Complex splatter

https://twitter.com/traceyams?lang=en

 

[JudgeJudi]

J: Blood clots present in blood stains, donor Rudi van Breda

Non splatter blood stain in R&H's bedroom, contact stain, created by Rudi or hair like object covered in the victims blood

Donor of the blood stain is Rudi van Breda

J: non spatter in H/R's bedroom wall, lateral movement visible, contact stains, created by Rudi van Breda or hair like object

J: created by Rudi or a hair like object covered in Rudi's blood

J: non splatter blood stain on Rudi's back, contact is position mechanism, contact between blood stain object and surface

J: Splatter blood stain against stair case wall, projection stains, created by blood bearing object in motion striking staircase wall

https://twitter.com/traceyams?lang=en