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

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I’m dying to know how this trial finishes. Botha says HvB is fast running out of funds, and an appeal to the SCA costs really big bucks. For those who haven’t followed a SA appeal before, a copy of the entire transcript has to be made available for each judge in the appeal court, plus extra copies for the lawyers, and this case is huge – much longer than Pistorius. I simply can’t begin to imagine a Legal Aid barrister picking up a trial of this length for an appeal. I can't wait to hear what Botha intends doing.

I haven’t read whether HvB's been charged with Schedule 5 (murder) or Schedule 6 (premeditated murder). It would be interesting to know that.
 
JudgeJudi said:
I’m dying to know how this trial finishes. Botha says HvB is fast running out of funds, and an appeal to the SCA costs really big bucks. For those who haven’t followed a SA appeal before, a copy of the entire transcript has to be made available for each judge in the appeal court, plus extra copies for the lawyers, and this case is huge – much longer than Pistorius. I simply can’t begin to imagine a Legal Aid barrister picking up a trial of this length for an appeal. I can't wait to hear what Botha intends doing.

I haven’t read whether HvB's been charged with Schedule 5 (murder) or Schedule 6 (premeditated murder). It would be interesting to know that.
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It's great reading your extensive knowledge about these SA trials, JJ. It gives us an inkling into Botha's motivations which will be revealed very soon.
 
JudgeJudi said:
Desai must be absolutely furious, and I don't blame him.

The Defence is setting the stage for an appeal.
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Hi JJ,

Is HvB likely to be granted an appeal for the judge getting tetchy with a witness who at times seems to be prevaricating? What is the likelihood of this happening. I have read far worse comments coming from a judge than the odd irritable comment from Desai.

What I like about Desai is he cuts to the chase. My last comment is "how dare that upstart (HvB) comment on the judge's demeanour" especially when it his counsel who has been so awkward in prolonging this case.
 
After all this time, it only occurred to me tonight that I didn't know whether he's been charged with Schedule 5 or 6. I now know.

“The accused is facing 5 charges which include 3 charges of murder - schedule 6, one charge of attempted murder a schedule five, and defeating or obstructing the administration of justice. On the charge of defeating the administration of justice, it talks to where he contaminated the crime scene.”

https://www.facebook.com/SABCNewsWesternCape/photos/pcb.1157458520973197/1157458130973236/?type=3

For the benefit of anyone who didn't follow the OP trial, a life sentence in SA doesn't necessarily mean until you die. That law was changed some time ago.

Murder is divided into 2 categories ... Schedule 5 and Schedule 6.

Schedule 5 is a "normal" murder and carries a sentence of 15 years, but if you're a first offender, you can be eligible for parole after serving half that time. This will relate to the attempted murder of Marli.

Schedule 6 is the most serious charge and relates to premeditated murder which carries a mandatory sentence of 25 years before being eligible for parole. This obviously relates to Martin Teresa and Rudi.

Sentences can be ordered to be served concurrently or consecutively. If found guilty, my best guess is that they'd all be served concurrently. Eligibility for parole doesn't necessarily mean he'll be out after 25 years though. For such gruesome murders, I'd personally like to see him locked up for the rest of his life.
 
Interested Bystander said:
Hi JJ,

Is HvB likely to be granted an appeal for the judge getting tetchy with a witness who at times seems to be prevaricating? What is the likelihood of this happening. I have read far worse comments coming from a judge than the odd irritable comment from Desai.

What I like about Desai is he cuts to the chase. My last comment is "how dare that upstart (HvB) comment on the judge's demeanour" especially when it his counsel who has been so awkward in prolonging this case.
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Hi IB,

No, you need to have proper grounds to lodge an application for leave to appeal. I'd imagine it would be on the basis that he didn't get a fair trial, but I'm not sure how it would be framed. I think Botha is a very slippery character and I don't like him at all. Desai is a very clever Judge with a lot of experience and I'm sure he knows what's been going on.

I've not heard a judge be quite so candid before, but then again I've never seen a trial like this, or OP for that matter. OISA. Maybe it's not that unusual. Desai has been more than fair to the Defence and has bent over backwards to accommodate them. The best part is that the SCA will be required to read the entire transcript and they'll see instantly what has been going on. SA trials still make me nervous though. I think Masipa shocked us to the core.
 
What a hoo-ha from that self entitled young brat.

It is very revealing. Desai won't get the chance to see his demeanor in the witness box, but will have learned something today about his character.

HvB sits like a choir boy in the dock, masking his contempt, and now not being able to stop himself from trying to control the judge!
 
http://www.capetownetc.com/news/van-breda-defence-dna-expert/

Van Breda – Defence’s DNA expert grilled by the State; Henri ‘is concerned’ about Judge’s tone of voice

"…………… It was after lunch when the day took an even more interesting turn. During cross-examination, Adv. Botha suddenly asked for a very brief adjournment – lasting less than three minutes. Upon resuming the trial, he stood up and stated that his client (Henri) is ‘concerned’ about Judge Desai’s tone of voice, general impatience and demeanour toward the witness currently in the stand. Flabbergasted at first, Desai then asked why this is only being mentioned now, surely it would have been something of importance at the beginning of the trial? The Defence merely wanted it to be placed on record, in which case it ultimately was by Desai, who seemed bewildered by the objection…………"
 
Hi Everyone :wave: Early start today, enjoy...

c700x420.jpg



I'll be popping in while doing tweets for CP's trial that's starting later. Hope to hear a lot more from Judge Desai today!
 
PrimeSuspect said:
Hi Everyone :wave: Early start today, enjoy...

c700x420.jpg



I'll be popping in while doing tweets for CP's trial that's starting later. Hope to hear a lot more from Judge Desai today!
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Yum! Thanks, Prime~
 
I've been thinking for a while now that i can't see an arrogant HvB accepting a prison term for his despicable crimes. I think he'll 'top' himself as soon as it looks certain he's prison bound for the rest of his life. We'll soon see; just my thought for the day!
 
L2L said:
I've been thinking for a while now that i can't see an arrogant HvB accepting a prison term for his despicable crimes. I think he'll 'top' himself as soon as it looks certain he's prison bound for the rest of his life. We'll soon see; just my thought for the day!
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I'd love to know what's going on in his head now.
 
[video=youtube;7KN_h5cXeoM]https://www.youtube.com/watch?v=7KN_h5cXeoM[/video]
 
The State resumes its cross-examination of Defence witness Dr Olckers

Dr Olckers hands to the court a US report about database matches, duplicate samples that were not from the same individuals

The document contains reports of matching profiles, where in Arizona 65 493 fingers had 122 matches

The topic is centred around DNA profile matches, with Dr Olckers stressing probability of matches amongst different individuals

The witness is referring back to her CV and validating a few points regarding yesterday's cross-examination

https://twitter.com/CapeTownEtc

It's not exactly racing along is it.
 
JudgeJudi said:
The State resumes its cross-examination of Defence witness Dr Olckers

Dr Olckers hands to the court a US report about database matches, duplicate samples that were not from the same individuals

The document contains reports of matching profiles, where in Arizona 65 493 fingers had 122 matches

The topic is centred around DNA profile matches, with Dr Olckers stressing probability of matches amongst different individuals

The witness is referring back to her CV and validating a few points regarding yesterday's cross-examination

https://twitter.com/CapeTownEtc

It's not exactly racing along is it.
Click to expand...

How long before Desai tells her to get on with it!
 
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