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

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I wish Gerrie Nel was prosecuting. He'd just love this trial.
 
Thank you ladies for the excellent coverage. I have been otherwise occupied this AM. Looks like, between themselves, Otto and Joubert have done a fine job. I cannot imagine how Botha is going to rubbish the PT case although we all know he will try. :jail: Life
 
https://twitter.com/Traceyams

Adv B: if G intends asking the witness about discrepancies of two statements, that is something this court must decide

Judge Desai agrees that it is for the courts to decide on discrepancies between statement and the plea explanation

We are back- G: is there anything in plea explantion which would have a significant effect on your blood stain Analy? J; No

G hands up a photograph to J asks him to explain them

J: this is indicating the areas in the room where no splatter blood stains were observed

J: first image is the bathroom wall near door, next image, no splatter stains in that area

J shows a photo also indicating outside of bathroom door, also no splatter
 
[video=youtube;i1_BXyctom8]https://www.youtube.com/watch?v=i1_BXyctom8[/video]
 
https://twitter.com/Traceyams

G hands up another album with pages numbered 1-9 prepared by J - press will not have access to this

J: these were taken of Henri in the ambulance indicating his body- no splatter stains visible on his body

G: Third album marked blood distribution on clothing of henri van breda handed up

J: comments on this album, it shows the distribution of stain on the shorts and socks and colour coding of who the profile of DNA refers to. Blue stains are that of Martin, those marked in black, mixture stains and green ones are marked as Henri's

Colour coding on the socks of the DNA profiles

Desai: is there any blood spots of Marli? J: no sign of any blood of Marli

Desai why? J: My opinion she received blows to head and neck in different areas to spatter, one blow. When marli was attacked

there wasnt alot of spatter due to the distribution of injuries Desai- but were all the blood spots analysed? J: yes
 
https://twitter.com/Traceyams

State closes and Adv Botha starts cross examining Joubert

Botha: Schneider v AA & another WC division- full Bench, Davis and it deal with an expert witnesses duty to the court

B: an expert comes to court regardless of who calls them to court, to dispense with their expert kowledge

B: should be independent product of the witness, independent, objective, unbias opinions, never assume role of advocate

B: should not omit to consider facts which would detract from his opinion
 
Galloway asks if is there anything in the plea explanation which would have a significant effect on the blood stain analysis? No, Joubert says.

Desai asks why no blood from Marli? She had blows to head, neck area.
Joubert says that when she was attacked, there wasn't a lot of spatter, due to distribution of injuries over entire head.


State closes and Adv Botha starts cross examining Joubert.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-37-20170912

Botha is now rabbiting on about what an expert witness is and how he should conduct himself in court. This is going to be painful in the extreme. I've noticed that Combrink isn't in court today. Is money getting tight? If so, Botha is going to have to restrain himself ... if such a thing is possible.
 
https://twitter.com/Traceyams

Botha continues to read out case law regarding the duties expected of an expert witness

Expert comes to court to give the court the benefit of his or her expertise, not a "hired gun"

Botha: I take it that you agree with those duties? and are in line with your duties to the court in this matter J: correct

B: lets start with your first report, para 8


(Botha chastising Joubert, he humiliates then goes in for the kill!)
 
WOW so the state has finished with Joubert. From the supposed file size of 10cm (tweet from Anthony Molyneaux) I was expecting the whole week.

Now for the drivel from Botha. I hope Desai is in the right gear today and stops Botha rabbiting on. A good 80 per cent of what B says is timewasting. I get the impression he likes the sound of his own voice.
 
https://twitter.com/Traceyams

B: in para 8 u start by saying u have made the following assumptions- all the redish brown stains assumed to be blood

B: in not all instances were presumptive testings done for the presence of blood

B: in th case of the shorts, socks and the duvets? J: thats correct

B: in the instances where we did get a DNA result, do u agree that it is not necessarily the case in regards to the 19 stains on the frontal aspect of exhibit 120 - the shorts we are assuming those stains are all blood but we dont know yet? J: correct

Adv B: in para 9 u set out what happened when u arrived at the scene, now I will read what Hitchcock told us

Hitchcock said he examined and took the video before anybody else was on the scene thereafter he walked through with Hanekom

B: he said he and hanekom then walked through and identified relevant blood splatters and placed cones near relevant stains
 
Joubert appears nervous to me. Poor guy. Botha's voice is getting louder too!
 
https://twitter.com/Traceyams

J: I disagree I identified the stains. Desai- was he with you? J: yes we were together

Adv B: Quoting a book to J and asking if he is familair with it? J: not familiar with it

B: if I understand the author - u have spatter and non-spatter stains - J correct

B: spatter is blood that was in free flight, mechanisms under spatter include impact, drip cast off expulsion exhaled projected

J: That is correct. B: on the non spatter stain its by way of contact against blood bearing object, J: transfer is the same

B: refers to para 10 of report-Blood stain on the pantry door u identifed as spatter but suggested it may have been drip J: correct

B: and u indicated that no DNA could be detected from this sample- J; correct

B: your photograph 13,spatter blood stain and deposition mechanism was gravity, blood dripped on parts of stair case J: correct

B: In para 6 u say no DNA could be collected from this sample, was only one drop swabbed? J: no all the stains I marked

B: but the what happened to the DNA analysis of the other samples under 6? J: that would be a question for DNA analysts

B: who told u no dna could be obtained from B6C? J: Sharlene Otto
 
https://twitter.com/Traceyams

B: refers J to NN5, photo of the top part of the stair case

B: it looks like no 68 corresponds with your Eor F? J: E. B On this photo we see 5 fairly obvious drops which one was swabbed?

J: Hitchcock would have swabbed them, he would have swabbed one of the drops

B: there seems to be a blood stain and Mr Styl (My Blood stain expert) referred to that could be a transfer pattern

J: it wasn't marked so it wasn't analysed

B: refers to the grey shorts Henri wore near elastic part of the shorts. You referred to this stain as a blood clot?
 
https://twitter.com/Traceyams

J: reads it as a saturation blood stain, flow because consistent with his injuries on left abdomen blood flowed down

B: clarifying he understood it to be a clot

B: why did u refer to this as a clot? J: I am not, at 19.4 I am doing classification of the stain

J in para 19.5 it is exhibit 120/7 when I refer to a clot

Adv B is now following, he goes through the description of the spot which was result of blood flowing from his wound to pants

My clients plea explanation, the place where he found himself on the stairs is here, could the blood stain we see in 83

have been placed there by my client lying face down on those stairs? J: yes

B: showing a photograph of blood drops and saying we only have DNA analysis of B10C- teresa's blood J: correct
 
https://twitter.com/Traceyams

B: in your para 37.3 you deal with stains which suggest that EMS personnel was most probable reason this drop was left there?

In 37 you state that it was a result of movement of Teresa's body- where did they move her to?

J: it was movement to aid Marli.

B: what u meant 2 say is that u were aware of medical intervention of Marli which is why they may have dripped teresas blood there

J: I am trying to say that this drip was created post the event, its an assumption I make

B: u would agree with my J that any object coated with Teresa's blood would have caused that drop, not necessarily from the EMS? J agrees

B: U would recall that in your report when you dealt with exhbit B14 the spatter was tested and donor was Marli, same with B30

B: you indicated the possibility because she was moving her hands she could have created the spatter herself J: correct
 
Adv Botha cross examining. WO Hitchcock took pics, vid of scene with WO Hanekom. But stains were identified by him, Joubert says.

One possible transfer pattern noted by defence expert at top of stairs.
Joubert says if it was not marked, it was not analysed.

Henri Van Breda says he regained consciousness on stairs where transfer pattern was seen. Could blood on shorts cause that? Yes, Joubert says.

Could drops of Teresa Van Breda’s blood found at the scene be made not the during incident, but when EMS handled scene, Botha asks.
Joubert concedes it’s an assumption.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-37-20170912

I know you'll believe me when I tell you that my eyes are glazing over.
 
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