South Africa - Martin, 55, Theresa, 54, Rudi van Breda, 22, murdered, 26 Jan 2015 #4

[PrimeSuspect]

[video=youtube;N93jGwh9eGY]https://www.youtube.com/watch?v=N93jGwh9eGY[/video]

 

[PrimeSuspect]

https://twitter.com/CapeTownEtc

Galloway: You confirmed everyone in the house retired for the evening?
Henri: As far as I was aware.

Galloway: What was the emotional state of your family when they went to bed?
Henri: Happy

Galloway going through his testimony on the sequence of events.

Galloway: You said Marli watched Tv with you?
Henri: not correct, the wording in the statement is wrong.

Galloway: You said you watched TV together until one by one you went to bed. Henri: I don't remember saying one-by-one.

Botha: Where in the statement does it say one-by-one?



https://twitter.com/ajnarsee

G: goes through sequence of events with family. Says that in plea he said him, Rudi, Martin and Marli watches tv,

G: but in your evidence in chief you say Marli was not there? H: that was bec Col Beneke worded it

H: I don't recall using the words "we one by one went to bed"

H: I couldn't remember what time Rudi and I went to bed. I said 9pm for Marli because it was a school night

H: where I was uncertain Col Beneke would suggest what do you normally do, I would just accept

 

[JudgeJudi]

First successful call to EMS came from landline at 07:12. 04:27 Googled emergency numbers, after trying to call Bianca.

As far as he is aware, #VanBreda was the only one awake when attacker struck. Emotional state of family? Happy, he says.

Denies Marli watched TV with the men that night. He didn't say Marli had been with them. Police said it in his statement, he says.

Col Benecke asked him what time family went to bed. #VanBreda said Marli, mom usually went to sleep at 9:30pm. He and Rudi later, generally.

https://twitter.com/TeamNews24

 

[JudgeJudi]

[video=youtube;N93jGwh9eGY]https://www.youtube.com/watch?v=N93jGwh9eGY[/video]

 

[PrimeSuspect]

https://twitter.com/HiRezLife

Galloway asks Henri about emotional state of his family on night of January 26. "Happy." Desai: Sorry? "Happy." Desai: Happy

Galloway a little off here. On pg 1 he says Marli then father then myself & Rudi went to bed. Suggests 1x1 #VanBreda doesnt use those words.

 

[JudgeJudi]

Says he told Col Benecke he couldn't remember and be very specific. Galloway says in plea explanation he is much more specific.

Says his mother was on the phone to her brother as it was his birthday and had prepared dinner

According to his police statement, he was unsure of where his mother was. #VanBreda says those were not his words.

#VanBreda said Rudi had gone for a run that night. Now saying he isn't 100% sure, but his brother doesn't drink wine a few hours after a run.

Police statement also doesn't say Martin worked that night. #VanBreda said he didn't think it was necessary for his plea explanation.

https://twitter.com/TeamNews24

Galloway is calm, measured and like a black mamba ready to strike.

 

[PrimeSuspect]

https://twitter.com/ajnarsee

G: in your statement there are several times you were unsure where your mother was?

H: I'm inferring that Rudi went for a run because he wouldn't drink wine with us, if he did

H: I'm not a 100% sure, but I am as sure as I can be


https://twitter.com/CapeTownEtc

Galloway: Are you telling the court you weren't asked to describe your actions on the night? A normal night and not on that night?

Galloway: Were you asked to tell the police what happened on that night?
Henri: I can't remember

In your plea you said you were not sure where your mother was but in your testimony you said you know where your mother was

Several references all indicating you were unsure of where your mother was in the statement?

says those were not his words.


https://twitter.com/HiRezLife

Galloway grilling/crossing Henri on the police statement made on the afternoon of 27 January 2015, made hours after the murders.

Henri seems a lot more agitated this morning. Wipes, thumbs face with both hands. Braces blaser repeatedly. Has also chuckled.

 

[JudgeJudi]

Adv Galloway:didn't deem it necessary because you later realised that you had to give reason for what Mrs Op't Hof may have heard?

VanBreda says plea explanation contained relevant information. Said after dinner they'd watched Star Trek. Now says dad worked before movie.

Both #VanBreda brothers on laptops before going to bed. Rudi went to sleep after about 20 mins. Where did he put his laptop, Galloway asks.

https://twitter.com/TeamNews24

Wow, Galloway has referred to numerous photos but Rudi's laptop is nowhere to be seen.

 

[PrimeSuspect]

https://twitter.com/AJGMolyneaux

Galloway puts it to H that once he heard his neighbours’testimony of hearing loud angry voices,he came up with Star Trek ‘excuse’.



https://twitter.com/ajnarsee

G: why were you uncomfortable with the way they establish how things happened

G: why did you not mention your dad working in plea statement?
H: I didn't think it was relevant

G: the reason why you didn't mention your father, because you needed to give explanation to fit your timeline?

H: plea is not meant to give every detail, only relevant information

G: so you seem family background and history as "relevant information"?

G: so it's NB to know if he opened a bottle of wine, but not mentioned your father working?
H: Yes

H: necessary to mention wine because police asked about alcohol

G: you remember that you watched the show One Piece on your laptop? H: Yes

G: what did Rudi do with his laptop when he was done? I looked at photos around his bed, I couldn't find laptop around his bed

H: I don't remember at all.

G: But you do remember that he spent 15-20 minutes of his laptop?
H: I'm pretty sure

( G asks are you pretty sure or sure, HvB answers, sure)

G: there was no interaction which be mistaken as an argument? H: Correct


https://twitter.com/CapeTownEtc

G: No way in your statement or your please you make mention of your dad working before or after dinner
Henri: True

G: What did he do with his laptop before he went to bed?
H: I don't know but I remember him on it

 

[JudgeJudi]

She couldn't find Rudi #VanBreda's laptop on the exhibit photos. What did he do with it? Van Breda says he can't recall.

Galloway: there was no argument, no interaction that could be mistaken for one? No, #VanBreda says.

In response to Mrs Op't Hof's testimony, #VanBreda says she could only have heard the movie if there was sound coming from their house.

Galloway asked why Mrs Op't Hof would lie about this? #VanBreda says he is not saying she is lying, but he thinks she's misguided.

https://twitter.com/TeamNews24

 

[PrimeSuspect]

https://twitter.com/CapeTownEtc

G: What is your comment on the neighbour hearing noises?
H: Could have only been the movie

G: She heard raised voices, what is your comment?
H: She is wrong, if that's what she heard

G: If you watched the movie after dinner your timeline won't work. You said you went to dinner, half past 7. Dinner until 8pm

G: She says she heard raised male voices, why would she lie?
H: Then the voices were not coming from my house. I don't know why?



https://twitter.com/HiRezLife

Galloway catches Henri on his claim Rudi was harmlessly on laptop before going to bed. But laptop not in boys' bedroom per photos?


https://twitter.com/ajnarsee

G: comment in your neighbor hearing raises voices?
H: it could only have been the movie

G: if you watched the movie after dinner, your timeline doesn't work

G: if you watched the movie after dinner, it wouldn't make sense that neighbor heard movie at 10pm?

G: why would the neighbor lie about raises voices

H: I not saying she is lying but misguided. What she heard must have been the movie

G: but she said she heard male raises voices?
H: those voices weren't coming from my voice

Botha objects to line if questioning

J Desai says Botha's client doesn't need assistance. He is dealing with it

 

[JudgeJudi]

Those voices were not coming from my house, #VanBreda says. Adv Botha says his client never said Mrs Op't Hof had lied.

Judge Desai says #VanBreda doesn't need Adv Botha's assistance. Says Galloway's question is innocuous.

Any possible motive for Mrs Op't Hof to lie about that argument coming from your house? #VanBreda says he doesn't have such knowledge.

Why not approach Op't Hof house for help? #VanBreda says he was phoning EMS. While outside he saw a woman, asked her to get help.

https://twitter.com/TeamNews24

 

[PrimeSuspect]

https://twitter.com/AJGMolyneaux

H: If she says she heard loud angry voices,she is misguided. Those voices weren’t from my house.G: why would she lie? H:I don’t know.


https://twitter.com/HiRezLife

Henri says witness Opt'hof wasn't lying about raised voices. Just "misguided". Botha jumps up. Desai suggests he sit down.


https://twitter.com/ajnarsee

J Desai: your objections must be legitimate. This is going to be a long cross examination

Botha: question is speculation. There is case law on this

 

[JudgeJudi]

The woman could possibly have been Mrs Op't Hof's nanny? Could be, #VanBreda agrees.

Process of trial has jogged a lot of my memory, #VanBreda says.

Galloway says #VanBreda didn't mention this person in police statement. He says he did, but he doesn't think police included it.

[Galloway is suggesting he's tailoring his evidence as he saw the nanny's statement in the docket]

VanBreda inference was that even though he asked the woman to help, she didn't do anything.

https://twitter.com/TeamNews24

 

[PrimeSuspect]

https://twitter.com/CapeTownEtc

Botha is unhappy with cross examination.

G: Do you know why the neighbor would lie about the noise please tell the court.
V: I don't have any such knowledge.

G: On the morning of the murder why didn't you ask neighbours for help?
H: I was calling emergency services.

H: I did ask someone outside for help, I told them to get help.

G: This information is not in your plea explanation. #VanBreda
H: The process of this trial has jogged a lot of my memory.


https://twitter.com/ajnarsee

J Desai: what time would the movie have ended? H: around midnight

G: why did you not approach the neighbor for help?
H: I was phoning EMS

H: thinks the women who he later saw was possibly the domestic worker

H: the process of this trial has "jogged my memory"

G: you give a lot of detail in plea, going in and out and then smoking cigs, didn't mention to police you saw a person

H: I didn't deem it necessary



https://twitter.com/HiRezLife

Henri fidgets while Botha bickers with Desai. Looks down at his fingers.

 

[JudgeJudi]

First indication that something was wrong in your house? The sounds coming from inside the house, #VanBreda says. Doesn't know what time was.

[He tells Galloway that he didn't go to sleep before going to the toilet. This is strange as he had school the next day and the murders took place at approx. 3:00am]

James Reade-Jahn said Martin more dominant and controlling figure in family. #VanBreda says not surprised. Teased James. He agrees though.

Martin #VanBreda was a strong man, always in charge of companies, always the boss. Dominant would be accurate. In family, he disagrees.

Reade-Jahn said arguments in #VanBreda house because of it? Henri says mostly directed at Marli; starting to rebel, nothing out of ordinary.

https://twitter.com/TeamNews24

 

[JudgeJudi]

#VanBreda couldnt smoke in house. Smoked 3, one after other, that morning at kitchen counter, he confirms. Didn't use an ashtray. None around.

Hands shaking, cigarettes fell out of his hand o ground, #VanBreda says. "I was smoking to be able to communicate on phone".

[HvB is sweating. Galloway asks if he's OK. She's turning up the heat. ]

Not because parents are dead so what does it matter, Galloway asks. #VanBreda says smoked cigars for Rudi's bday in house.

VanBreda says his parents would have understood if he smoked in the house that morning.

https://twitter.com/TeamNews24

 

[PrimeSuspect]

https://twitter.com/CapeTownEtc

G: You didn't mention it in your statement. H: I did tell the police, they didn't add it to the statement.

G: In the early hours of the morning, what was your first indication something was wrong? H: The sounds I heard.

G: Did you fall asleep that night?
H: No, I didn't fall asleep.

G: A family member said your father was a dominant and controlling figure in the family. H: Yes he had a lot of fun teasing James.

H: My father was a strong figure, he ran his own businesses, he was a strong figure.


https://twitter.com/ajnarsee

G: is it your inference that even though you asked for help, she did nothing
H: Yes

G: so you walked out with shorts and socks only, with wounds and blood and she didn't help you?
H: that's correct

G: wouldn't the defence have called this witness if she corroborates testimony?

Botha objects, says the question is unfair as he is in charge of his clients defence

G: James Reade- Jahn testified that your father was the more dominant figure in the family?
H: I'm not surprised by that

H: my father was a very strong man. He was always the boss, so dominant would be an accurate word I guess
G: what about controlling
H: I think that was based on my dads behavior with Marli. He was her first bf



https://twitter.com/AJGMolyneaux

G: You did not mention you asked a person outside your house for help. H: I did, Police may have not put it in my report.

Botha objects, says the question is unfair as he is in charge of his clients defence

Now we turn to the attacks. Henri was first alerted to strange sounds. No idea what time this was

H: My dad had fun teasing James with the way he gave deference to my dad. My father was a strong man,always the boss, dominant.

H: but in family scenario I wouldn’t say my dad was dominant.


https://twitter.com/HiRezLife

Galloway cleverly sketches Henri in shorts splattered with blood going to phantom nanny asking her to find help. & yet she didn't.

 

[PrimeSuspect]

https://twitter.com/ajnarsee

G: you never smoked in your house when parents around?
H: correct

H: I would keep my cigs in my shoes and smoke when I would take Sasha for a walk, but never at home

H: #VanBreda smoked 3 cigar in kitchen, didn't use an ashtray. Didn't put butts out but just dropped it to the ground

G: this is something Sgt Kleinhans mentioned, why did you act that way?
H: I was strangling to speak on the phone, breathing heavy

G: so it's not because your parents were dead? What does is matter if you smoke in the house now?

H: we smoked Cigars for Rudi bday. I think my parents would have understood

G: how many attackers did you see on your room? H: at least one

H: one person at a time


https://twitter.com/CapeTownEtc

G: James also testified there were problems because of this? H:Yes, like any family, especially on Marli because she was that age.

G: Was smoking inside the house acceptable?
H: No

G: On that night you smoked 3 cigs, at the counter?
H: Yes, as I was dialing emergency services.

G: Is this something SGT kleinhans remarked on, that the cigs were just dropped there?

H: I was smoking to be able to communicate on the phone, I was struggling to speak, I smoked to calm myself on the phone.

G: You testified your parents didn't like you smoking in the house.
H: These are circumstances they would have understood.

G: Moving on to the events in the early hours, the attack. How many attackers did you see in your room? #VanBreda
H: At least 1

 

[PrimeSuspect]

https://twitter.com/AJGMolyneaux

G: you smoked 3 cigarettes in house when you never smoked in house before that. H: I was smoking to communicate on phone.

Henri smoked the 3 cigarettes in the ‘non-smoking’ house.He gets emotional when he says ‘I think my family would have understood.’

H:I saw at least 1 attacker in my room.“1 person at a time”It was the same person who left room&then came back but can’t be sure.

H: I’m guessing the attacker came to our room because it was the first room at top of stairs.

Judge: The intruder specifically targeted Rudi? H: it appears so. I can’t think of why.

Henri is now being asked to use axe to show how the attacker attacked Rudi.!!!!!!!!!!