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

[Tortoise]

I agree Desai is aware. Thank goodness Masipa was not given the job. I am more concerned that Botha will pull out and we will have to have another trial. I am unsure what happens if this were to be the case but I know one of our very knowledgeable forum members will know.

B. must have made a bomb from HvB. I have an overriding concern that HvB has had access to his parents money. I think the house in SA was sold before the Henri was charged and I fully expect to hear he has already inherited that money and any cash/savings his parents had. He had two years to sort out the will and I feel sure he would have been keen to do just that. I don't think the Oz house was sold during that time so I am hoping that will go to Marli (assuming HvB gets his comeuppance).

I know that Radovan Krejcir went through a succession of lawyers during his trial - and in the end the judge saw through his game (delaying tactics) and gave him an ultimatum to either apply for a legal aid lawyer or represent himself. He represented himself I think.

I don't think the trial would collapse - it would just be delayed. I can't see why they had two advocates there today if they are trying to keep costs down.

Tomorrow will be an early adjournment when this witness finishes her e-i-c. I'm looking forward to eventually hearing Galloway's cross-examination style.

 

[tmar]

It is highly desirable and most important to be an Accredited Laboratory, giving one great status.
These Laboratories are scrutinized in their different testing procedures, methods, quality control and standards used, qualification of staff, reporting etc: numerous aspects.
Accredited Labs display their certificates with pride, a 'badge of honor', for all to see.

Did Dr Ockers state this lab is/is not accredited???

 

[Interested Bystander]

Thanks Tortoise. Maybe we will get to hear from HVB himself if the DC drops out, though somehow I think not. I can see him being forever on bail while he "tries" to find a Legal Aid lawyer who will take his case.

Fingers crossed Galloway comes up to scratch.

 

[Tortoise]

It is highly desirable and most important to be an Accredited Laboratory, giving one great status.
These Laboratories are scrutinized in their different testing procedures, methods, quality control and standards used, qualification of staff, reporting etc: numerous aspects.
Accredited Labs display their certificates with pride, a 'badge of honor', for all to see.

Did Dr Ockers state this lab is/is not accredited???

Otto herself said the lab was not accredited.

 

[Tortoise]

Thanks Tortoise. Maybe we will get to hear from HVB himself if the DC drops out, though somehow I think not. I can see him being forever on bail while he "tries" to find a Legal Aid lawyer who will take his case.

Fingers crossed Galloway comes up to scratch.

If he qualifies for legal aid then I think they have to give him one, whatever their views on his case.

I like Galloway, I think she'll do fine.

 

[tmar]

Otto herself said the lab was not accredited.

I thought that also but didn't repeat listening to recording.
This is bad: not Accredited!!!
Many conclusions can result.
Why send material from a murder, to a non Accredited Lab???
??? Why not Accredited???
Botha must use this!!!

 

[JudgeJudi]

Freshly sheared but with his cow-lick fringe still in place‚ Henri van Breda dozed off in the dock in the high court in Cape Town on Monday as he listened to the drawn-out testimony of his own defence’s DNA expert‚ Dr Antonel Olckers.

https://www.talkofthetown.co.za/2017/10/09/murder-accused-henri-van-breda-dozes-off-court/

On trial for 3 murders and one attempted murder and he falls asleep during the testimony of his first expert witness. It just shows how riveting it was yesterday.

 

[JudgeJudi]

Sharlene Otto was cross-examined for 3 full days during which time the defence argued the forensic team followed sub-standard procedures during the collecting and analysis of the DNA at the crime scene.

Otto, one of the police's top forensic analysts, suggested the defence retest all the samples her lab had tested. She maintained there were no contaminations in the DNA they'd analysed and loaded from the 216 that had been collected and insisted those working in the forensic science laboratory are "well trained and experts in their own right”.

She suggested to Combrinck that his team should retest the 216 samples at an independent lab as "a true test of every lab is if a different lab can get the same results” and quipped that this would clear up the issues raised by the defence.

http://ewn.co.za/2017/08/12/van-breda-trial-expert-urges-defence-to-retest-dna-samples

Let's see how the defence get around this when Otto offered them the opportunity to retest all samples. All we basically have from the defence at the moment is that they're not accredited (nor is the other SAPS DNA laboratory as far as I'm aware) and they didn't follow SOPs.

The defence has not proven any of the results are wrong so far. She told Judge Desai that even though the police’s forensic science laboratory is not accredited, it doesn’t make their results less reliable and that the only difference between an unaccredited and accredited laboratory was an audit by the South African National Accreditation System. She explained that this was not a legal requirement in SA.

She pointed out that the police’s forensic laboratory followed strict and stringent quality control systems and complied with international standards and guidelines.

http://www.news24.com/SouthAfrica/N...ble-chief-analyst-in-van-breda-trial-20170808

 

[JudgeJudi]

RSBM

I am more concerned that Botha will pull out and we will have to have another trial. I am unsure what happens if this were to be the case but I know one of our very knowledgeable forum members will know.

B. must have made a bomb from HvB. I have an overriding concern that HvB has had access to his parents money. I think the house in SA was sold before the Henri was charged and I fully expect to hear he has already inherited that money and any cash/savings his parents had. He had two years to sort out the will and I feel sure he would have been keen to do just that. I don't think the Oz house was sold during that time so I am hoping that will go to Marli (assuming HvB gets his comeuppance).

If Henri runs out of funds, and if neither Botha nor Combrink agree to continue representing him on a pro bono basis, he will have no option but to approach the Legal Aid Board saying he can no longer afford paying legal costs. He must be able to prove to Legal Aid that he has run out of funds, and they won’t simply take his word for it. A lack of funds does not mean the trial will be abandoned, but obviously it would cause a further delay.

Henri won’t have had an opportunity to access any of his parents’ money or sort out the will. This is a matter for the executor of the estate, and as the family were murdered, I would expect all monies and proceeds of sale of real estate etc. to be held in trust by the executor until the conclusion of the trial.

Within 10 days of the murders, someone in the family had retained Botha to represent Henri, so irrespective of the fact that he wasn’t charged for 18 months, the executor would not have started to distribute the estate. That is not to say that some funds weren’t set aside from the sale of the SA property or any other property or assets for HvB to fund his defence. At most, it would come from his share of the estate, the estate being worth some R200 million.

McGrath Real Estate agent Damien Michael listed the family's Box Street home on January 31 for $AUD 2,490,000 on behalf of the Perth legal firm dealing with the execution of the family will.

Marguerite De Wet, principal lawyer and director of Perth's Leeuwin Legal said the firm was acting on behalf of the executor Nicolaas Oosthuizen.

"The executor winds up the estate, in terms of the will," Ms De Wit said. We are going through the process and winding up the estate in terms of the will."

What the above sentence means is that they will liquidate the assets in order to distribute the monies to the beneficiaries.

[URL]https://www.sunshinecoastdaily.com.au/news/axe-murdered-familys-luxury-home-for-sale-as-son-f/3151990/[/URL]

The Box Street, Buderim property was sold on 23 May 2017 for $2,350,000

[URL]https://www.realestate.com.au/sold/property-house-qld-buderim-124603590[/URL]

As a matter of interest only, it is now on the rental market for $2,650 per week.

[URL]https://www.realestate.com.au/property/21-box-st-buderim-qld-4556[/URL]

 

[JudgeJudi]

https://twitter.com/HiRezLife

Nick van der Leek‏ @HiRezLife · 12m12 minutes ago

#vanbreda defense resumes this morning with Olckers' critique of Otto's forensic report. Combrink said it would be half an hour or so.

 

[JudgeJudi]

Good morning everyone. Wow, what a crowd we have tonight, and no-one is tweeting either. I can't wait until Panayiotou resumes next week, and then I'm out of here.

 

[JudgeJudi]

I spoke too soon.

https://twitter.com/HiRezLife

Nick van der Leek‏ @HiRezLife

Olckers & co arriving for the day's session.

 

[PrimeSuspect]

Hi Everyone :wave: Enjoy if you still have the stomach for it, this trial is stomach churning! :facepalm:

I'm sorry JJ, I won't be able to post tweets (that's if there is any) this week, I will be on the road during the hours of the trial. I'll keep tabs though and post missed tweets during the day if I can.

 

[Interested Bystander]

RSBM


If Henri runs out of funds, and if neither Botha nor Combrink agree to continue representing him on a pro bono basis, he will have no option but to approach the Legal Aid Board saying he can no longer afford paying legal costs. He must be able to prove to Legal Aid that he has run out of funds, and they won’t simply take his word for it. A lack of funds does not mean the trial will be abandoned, but obviously it would cause a further delay.

Henri won’t have had an opportunity to access any of his parents’ money or sort out the will. This is a matter for the executor of the estate, and as the family were murdered, I would expect all monies and proceeds of sale of real estate etc. to be held in trust by the executor until the conclusion of the trial.

Within 10 days of the murders, someone in the family had retained Botha to represent Henri, so irrespective of the fact that he wasn’t charged for 18 months, the executor would not have started to distribute the estate. That is not to say that some funds weren’t set aside from the sale of the SA property or any other property or assets for HvB to fund his defence. At most, it would come from his share of the estate, the estate being worth some R200 million.

McGrath Real Estate agent Damien Michael listed the family's Box Street home on January 31 for $AUD 2,490,000 on behalf of the Perth legal firm dealing with the execution of the family will.

Marguerite De Wet, principal lawyer and director of Perth's Leeuwin Legal said the firm was acting on behalf of the executor Nicolaas Oosthuizen.

"The executor winds up the estate, in terms of the will," Ms De Wit said. We are going through the process and winding up the estate in terms of the will."

What the above sentence means is that they will liquidate the assets in order to distribute the monies to the beneficiaries.

[URL]https://www.sunshinecoastdaily.com.au/news/axe-murdered-familys-luxury-home-for-sale-as-son-f/3151990/[/URL]

The Box Street, Buderim property was sold on 23 May 2017 for $2,350,000

[URL]https://www.realestate.com.au/sold/property-house-qld-buderim-124603590[/URL]

As a matter of interest only, it is now on the rental market for $2,650 per week.

[URL]https://www.realestate.com.au/property/21-box-st-buderim-qld-4556[/URL]

Thanks JJ for your full answer to the situation. I am sure HVB would be given Legal Aid if his Counsel drops out. I was thinking more that HvB would likely obfuscate in order to prolong his bail by not accepting the lawyers he was being offered but maybe he has to accept whoever is prepared to do the work. Is he allowed any choice in the matter and can he drop them if he is not satisfied with the standard of the defence they provide?

I would love to see the accounts with respect to how he is being funded so far.

 

[JudgeJudi]

#vanbreda arriving for day 2 of his defense. Quick smile as he passes a box of water bottles/refreshments through security.

A whopper: most of the DNA evidence invalid. Desai queries Olckers on the terminology of "technically invalid."

https://twitter.com/HiRezLife

 

[JudgeJudi]

If I heard correctly she says only 23 DNA samples valid.

Olckers asks if she may be seated. Desai: Of course, yes.
I don't see Otto in court today, the state's forensic expert.

https://twitter.com/HiRezLife

 

[JudgeJudi]

Dr. Olckers reveals that 128 out of 151 samples were invalid in terms of scientific ability

Adv. Combrink asking Olckers why none of Marli'a DNA was found on the axe

Dr. Olckers stating that she is not a DNA pathologist so she cannot accurately answer the question posed by Combrink

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

 

[JudgeJudi]

"I cannot explain why none of the DNA profile of Marli was not found on the axe" - Dr. Olckers

The issue of adjourning until Thursday has arisen, to which Adv. Botha contests due to funding

Court adjourned - for now. Defense given until 11:00 to find out of they’d be to call witnesses on Thursday

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

And who's delaying once again, the defence, always the defence.

 

[JudgeJudi]

Olckers admits she's not a blood spatter expert or pathologist. Prognosticates briefly about Marli's blood on the axe.

Defense done with Olckers. Asks for a recess. Desai takes defense to task. Will grant state opportunity to cross.

https://twitter.com/HiRezLife

 

[JudgeJudi]

Seems at this point the case might be postponed till Thurs. Interesting the defense has attacked prosecution but won't allow same.

https://twitter.com/HiRezLife