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

[JudgeJudi]

HvB said Op’T Hof heard the movie soundtrack for Star Trek 2, not an argument, yet she said she heard no music that night. In his Initial Statement he said “Myself, my brother, my father and my sister then went to watch television …” but by the time he provided his Plea Explanation this changed to “After dinner, Rudi, my dad and I watched Star Trek 2”. When he testified he said he watched the new Star Trek movie. There are a few things wrong here.

1) He testified that they watched a Blu Ray movie. Once he became aware of the State’s evidence, ‘television’ became ‘a movie’.

2) Star Trek 2 (correctly known as Star Trek II – The Wrath of Khan) was released in 1982.

3) When Botha referred to it he called it Star Trek Into Darkness which was released in 2013. No way could Star Trek 2 ever be described as the new movie.

Who does HvB think he’s kidding and who picked up the error? Has he ever seen a Star Trek film, knew it wasn’t the first one and just added on a 2 as he was completely oblivious to the fact that there were 9 more movies between ST2 and Into Darkness? Or did shifty Botha pick this up when checking the length of the film because he’s the only person who has ever referred to it as Into Darkness.

It’s obvious no-one, including Galloway, checked the length of the musical score because it lasts for 1:58:55, i.e. the entire length of the film bar 13 minutes, yet OH heard none, only angry men’s voices. I know who I’d believe and it certainly wouldn’t be HvB or Botha.

 

[JudgeJudi]

Rudi’s body lies on the floor in a pool of blood near the little blue bed where the family’s pet dog‚ Sasha‚ used to sleep.

[url]https://www.timeslive.co.za/news/south-africa/2017-06-08-eyes-wide-shut-henri-van-breda-cant-watch-as-video-of-familys-murder-scene-is-played-in-court/[/URL]

In all probability Sasha would have been sleeping in her bed which was somewhere to the right of HvB’s bed. He couldn’t remember who, if anyone, brought her upstairs that night. As it was difficult for her to walk upstairs, why would she be left downstairs while her bed was upstairs.

I’d suggest that when he went downstairs to get the axe and knife, he carried her downstairs and placed her in Martin’s study as the lights were on when the first responders arrived. He said he didn’t walk towards the study. Are we to believe that Martin left the lights on when he went to bed or that one or two intruders went in there but neither touched nor took anything. When pigs fly.

He said he didn’t know where Sasha was at the time of the attack and didn’t recall hearing her bark, but she used to bark when Precious arrived for work and when the telephone rang. Small house dogs are invariably very territorial and I find it highly unlikely that 1, 2 or 3 intruders entered the house and she remained silent.

 

[Estelle]

Hi Everyone, I would like to wish you all a Happy and Healthy New Year for 2018 and beyond.

You may be wondering where I have been. I returned from New York last Saturday where I spent time with my son and family for Christmas and my grand daughter performed in "Nutcracker" 25 times at the Lincoln Centre at age 9. I left Sydney on November 15 to go on a cruise from Florida via Caribbean islands and French Guiana to the Amazon River and back to Florida on December 18. I had a wonderful time.

Here's hoping that HvB is in :jail: soon.

 

[Tortoise]

[FONT=&quot]Interesting that Henri and his gf have moved again.
https://twitter.com/HiRezLife
[/FONT]

 

[Tortoise]

Henri van Breda het nie 'n Kersfaaskaartjie of Nuwejaarswens van die Van Breda familie gekry nie.
translation: Henri van Breda did not get a Christmas or New Year's wish from the Van Breda family.

https://t.co/WX3Ndd7U6s
https://twitter.com/JulianJansen

I can't access the article, but that was the heading

 

[Estelle]

Nick van der Leek
‏

@HiRezLife
Jan 7

#LongBranch quadruple homicide: Did autism play a role? http://on.app.com/2CKP5Wr Reminds me of the question haunting the #VanBreda case: Did epilepsy play a role? #OscarPistorius case: Did his disability play a role? And in the #JonBenetRamsey case: Did Asperger's play a role?

https://twitter.com/HiRezLife

 

[JudgeJudi]

Part 1

The following are some extracts and paraphrased text from Julian Jansen’s book The De Zalze Murders.

“In an Australian newspaper, an ‘impeccable police source’ confirms that a medical doctor informed the investigating team of the brain scan, and that the term ‘brain tumour’ has been pertinently mentioned in the murder investigation. According to medical experts consulted by the media, a brain tumour, especially in the frontal lobes, may lead to impulsive behaviour”. However if Martin and Teresa were aware of HvB having a brain tumour, they kept the information to themselves.

Meanwhile new allegations start circulating about HvB and drugs. The rumours simply refused to die down. In a spontaneous e-mail to Rapport, a Perth resident and close acquaintance of the family claimed that both in Perth and later in Melbourne, where he was at university, HvB “got into trouble about his drug use”. It was also rumoured among students in Perth that he had been caught with dagga in his possession and was subsequently sent home. Further, “He had allegedly clashed with the authorities in Melbourne over his drug use”.

Friends who had visited the family at their home in the week before the murders said there was “great discord” in the household about his drug use. HvB was apparently “pissed off” because his parents supposedly “favoured” Rudi and he made his feelings known about this in no uncertain terms.

Teresa was a member of a lift club of parents from Marli’s school, who took turns driving their children to school. A family friend said, “Teresa was sometimes so exhausted from sitting up at night with Henri that his dad had to take the children to school in her place”. Apparently Martin occasionally raised HvB’s drug use with intimate friends. “At one stage, he was very concerned when he found dagga in Henri’s possession”. Martin took Henri to task about the drug issue more than once. One such confrontation was reportedly witnessed in the weeks before the murders by the carer of the van Breda’s neighbour. The neighbour thought she would be called upon to testify in court. She said, “I’m already scared. I can’t sleep. I saw and heard things I can’t talk about now. It was of such a nature that I couldn’t sleep for a long time”.

A close friend of Teresa’s said that she and her family visited the family in Knysna in 2013. Rudi told her sons that HvB was “seriously on dagga and other hard drugs such as tik [crystal meth]”. She said that she had heard from friends the day before the murders that Teresa had told HvB that she wouldn’t “give him another cent”.

[url]https://www.pressreader.com/south-africa/sunday-times/20171203/283025464967227[/URL]

 

[JudgeJudi]

Part 2

A year before the murders HvB had an altercation with a domestic worker on the estate who was described as a deeply religious person who counsels drug addicts in her spare time. HvB made obscene and offensive remarks to her. He shouted at her in Afrikaans which was translated as “Hey! You’re a hot m*** with a hot c*** and I’m going to *advertiser censored** you good!” She said, “I thought immediately that Henri could be under the influence of drugs”.

A business woman from Stellenbosch told of a commotion about two weeks before the murders. “Henri and his friends turned up here in a car. He carried on like a madman in the parking area and danced to the filthiest rhyme. Then he opened his fly, swung his private parts around, and shouted to the young women what he was going to do to them”.

There were persistent rumours that he used to buy drugs in the vicinity of the estate. A resident of a settlement near the main entrance to the estate instantly recognised HvB from colour photos. He said, “One afternoon I ran into him at the traffic lights. He asked me if I could go and get him some dagga. What struck me was that he always looked as if he wasn’t quite all there, in a trance, almost as if he wanted to say, ‘Go on, hit me’”.

It was rumoured that HvB had received treatment in an exclusive private rehabilitation centre. It was reported in 2014 that he did in fact spend some time in the Tijger Clinic, an exclusive mental-health treatment facility for conditions such as drug and alcohol addiction, schizophrenia, and anxiety and psychotic disorders. Like all the other patients there, he was assisted by a team of experts.

Two years after the murders a relative divulged that HvB was suspended by the University of Melbourne because of his drug taking. Because of this suspension, Martin and Teresa had difficulties trying to get HvB into a university in SA.

[url]https://www.pressreader.com/south-africa/sunday-times/20171203/283025464967227[/URL]

I’m staggered by all the above. We now know that there were any number of witnesses to things said and done by HvB and that the Prosecution are aware of many of them. Why hasn’t any of this come out in Court? First, the next door neighbour’s carer said she was scared and couldn’t sleep for along time. I’m certain that many witnesses would be terrified at the prospect of going to court and testifying against someone accused of murdering 3 members of his family and nearly a fourth, especially if they’ve heard all the rumours of his drug use. Second, much of the testimony may be hearsay and if they’re subpoenaed they may well be hostile witnesses because of their fears. Who wouldn’t be.

This maniac needs to be sentenced as harshly as possible. The community needs to know he won’t present a threat to them for the foreseeable future.

 

[Tortoise]

I think it has to come out at sentencing JJ. I can imagine that if the state used some of this evidence the defence would say it swayed the outcome, so it's best it comes out after. But it seems unconscionable that HvB could be allowed to talk about taking a gap year for example, and not be challenged.

 

[JudgeJudi]

I think it has to come out at sentencing JJ. I can imagine that if the state used some of this evidence the defence would say it swayed the outcome, so it's best it comes out after. But it seems unconscionable that HvB could be allowed to talk about taking a gap year for example, and not be challenged.

His alleged drug use can’t come out at sentencing as no evidence about it was put before the Court ... and he hasn't been convicted yet. If he was a patient at the rehab centre for drug addiction, it would have been irrefutable evidence. Likewise had someone from Melbourne Uni testified via video link that he was suspended because of it. Then there was the man who said HvB asked him to buy dagga. The above, together with all the excellent State evidence, would have been the final proof IMO that he is in fact guilty as charged.

I agree with your gap year comment. Once again, Melbourne Uni could have refuted that. As Martin would have been paying his fees, the uni would have contacted him and advised why HvB was being suspended.

 

[Tortoise]

His alleged drug use can’t come out at sentencing as no evidence about it was put before the Court ... and he hasn't been convicted yet. If he was a patient at the rehab centre for drug addiction, it would have been irrefutable evidence. Likewise had someone from Melbourne Uni testified via video link that he was suspended because of it. Then there was the man who said HvB asked him to buy dagga. The above, together with all the excellent State evidence, would have been the final proof IMO that he is in fact guilty as charged.

I agree with your gap year comment. Once again, Melbourne Uni could have refuted that. As Martin would have been paying his fees, the uni would have contacted him and advised why HvB was being suspended.

We had this with Pistorius too. Sam Taylor wasn't asked about the times he punished her etc, her mother wasn't called to give evidence about him being volatile or unstable, iirc nothing about him smashing up stuff at the Olympics just about him keeping the other guy awake and asking to move rooms. The NPA treads very warily with character evidence. It's the same with juries here not being told about prior convictions, but convictions and prior arrests, cautions, reports of violent behaviour are taken into account at sentencing.

I don't know the answer really. I mean the conviction has to be based on evidence he committed that crime and even if he'd had a physical fight with his brother the day prior that wouldn't exclude someone else from having murdered him. It's such a fine line, not giving his team ammunition for an appeal based on the court being prejudiced. I think I have to come down on the side of the court being kept ignorant, to avoid wrongful conviction wherever possible, but sentencing should be a time for everything known about the person being sentenced to come out. I suppose also the court has to guard against people making up stories about him because they think he is guilty, or even they committed the crime and want to make him a scapegoat - there could be all sorts of motivations (not in this case but viewing it in the wider sense) so rather than make a mistake they don't touch it.

Where it's a grey area for me is stuff like the brain tumour, rehab admissions and the uni suspension. If that can't be introduced at sentencing to decide why he committed the crime, that is something that needs to be fixed. IMO.

 

[chinacat67]

We had this with Pistorius too. Sam Taylor wasn't asked about the times he punished her etc, her mother wasn't called to give evidence about him being volatile or unstable, iirc nothing about him smashing up stuff at the Olympics just about him keeping the other guy awake and asking to move rooms. The NPA treads very warily with character evidence. It's the same with juries here not being told about prior convictions, but convictions and prior arrests, cautions, reports of violent behaviour are taken into account at sentencing.

I don't know the answer really. I mean the conviction has to be based on evidence he committed that crime and even if he'd had a physical fight with his brother the day prior that wouldn't exclude someone else from having murdered him. It's such a fine line, not giving his team ammunition for an appeal based on the court being prejudiced. I think I have to come down on the side of the court being kept ignorant, to avoid wrongful conviction wherever possible, but sentencing should be a time for everything known about the person being sentenced to come out. I suppose also the court has to guard against people making up stories about him because they think he is guilty, or even they committed the crime and want to make him a scapegoat - there could be all sorts of motivations (not in this case but viewing it in the wider sense) so rather than make a mistake they don't touch it.

Where it's a grey area for me is stuff like the brain tumour, rehab admissions and the uni suspension. If that can't be introduced at sentencing to decide why he committed the crime, that is something that needs to be fixed. IMO.

The US system doesn't allow either hearsay or "prior bad acts" generally...one exception to priors is if they can establish a pattern... otherwise they are generally disallowed as, in the legal terms, the prejudice to the defendant outweighs the probative value of the evidence....

I am wondering if SA has same type thing? Even if proven, I don't think any of that info would have been allowed at US trial, at least, because it's all either hearsay or, more likely, since doesn't go towards a pattern of murderous behavior, are disallowed prior bad acts...

Just my thoughts on the possible legal strategies...with no commentary as to whether that is a good system or not... [emoji6]

Sent from my Pixel 2 using Tapatalk

 

[chinacat67]

We had this with Pistorius too. Sam Taylor wasn't asked about the times he punished her etc, her mother wasn't called to give evidence about him being volatile or unstable, iirc nothing about him smashing up stuff at the Olympics just about him keeping the other guy awake and asking to move rooms. The NPA treads very warily with character evidence. It's the same with juries here not being told about prior convictions, but convictions and prior arrests, cautions, reports of violent behaviour are taken into account at sentencing.

I don't know the answer really. I mean the conviction has to be based on evidence he committed that crime and even if he'd had a physical fight with his brother the day prior that wouldn't exclude someone else from having murdered him. It's such a fine line, not giving his team ammunition for an appeal based on the court being prejudiced. I think I have to come down on the side of the court being kept ignorant, to avoid wrongful conviction wherever possible, but sentencing should be a time for everything known about the person being sentenced to come out. I suppose also the court has to guard against people making up stories about him because they think he is guilty, or even they committed the crime and want to make him a scapegoat - there could be all sorts of motivations (not in this case but viewing it in the wider sense) so rather than make a mistake they don't touch it.

Where it's a grey area for me is stuff like the brain tumour, rehab admissions and the uni suspension. If that can't be introduced at sentencing to decide why he committed the crime, that is something that needs to be fixed. IMO.

Again, only going off of US law, but almost never is "why" or motive a required element of a crime...it may be extremely useful in helping prove intent or boost circumstantial evidence, but there isn't a legal requirement to show/prove why/motive

We love it, but why has never been important in US law in proving guilt... only in mitigation of or to add to punishment...

Just my opinion again.... but I am a verified US lawyer. [emoji4]

Sent from my Pixel 2 using Tapatalk

 

[Tortoise]

Again, only going off of US law, but almost never is "why" or motive a required element of a crime...it may be extremely useful in helping prove intent or boost circumstantial evidence, but there isn't a legal requirement to show/prove why/motive

We love it, but why has never been important in US law in proving guilt... only in mitigation of or to add to punishment...

Just my opinion again.... but I am a verified US lawyer. [emoji4]

Sent from my Pixel 2 using Tapatalk

Yes, at the sentencing phase right?

Even then, I think it will be restricted to verifiable facts. A dagga supplier isn't going to cut it I don't think, or any hearsay evidence. Medical/rehab/college records should be used though IMO, not in mitigation - but to show what a liar he is.

 

[JudgeJudi]

Here’s an interesting South African case with a few similarities to this trial.

Don Steenkamp murdered his father Deon, mother Christel and sister Marthella in April 2012. The three were shot dead on their farm.

In 2014 he was sentenced by Northern Cape High Court Judge President Frans Kgomo to an effective 20 years in prison on charges of murder, rape and defeating the ends of justice.

Judging from the brutality of the crimes committed and Steenkamp’s lack of remorse, the judge indicated that this was the most appropriate sentence.

Steenkamp was sentenced to 60 years (20 years each) for the murders of his father aged 44, his mother aged 43, and his sister aged 14; 12 years for the rape of his sister; and four years for defeating the ends of justice.

The murders were committed when Steenkamp was 15 years and 8 months old.

Deon Steenkamp’s sister said, “The investigation team did an excellent job. Based on the evidence presented in court, there was no other suspect. So we have to make peace with the outcome.

http://www.iol.co.za/dailynews/news/...arents-1736001

https://www.news24.com/You/Archive/what-you-need-to-know-about-the-griekwastad-murder-case-20170728

Galloway presented a very good argument against the evidence of Dr Butler re the alleged seizures and I hope Desai feels the same way.

https://www.timeslive.co.za/news/south-africa/2017-11-29-state-rattles-van-breda-seizure-defence/

Tick tock ... 4 more weeks until final arguments.

 

[Tortoise]

Re Don Steenkamp - Thanks JJ. I just read the judge's sentencing remarks. Really recommend it for reading, although portions of it are written in Afrikaans which I had to skip through. The last sections deal with potential future diagnosis of psychopathy, given his age and development at time of sentencing. I just love some of the judge's remarks about him being a liar.

http://www.griekwastadmurders.co.za/d0cum3nts/255346298.pdf

 

[L2L]

Re Don Steenkamp - Thanks JJ. I just read the judge's sentencing remarks. Really recommend it for reading, although portions of it are written in Afrikaans which I had to skip through. The last sections deal with potential future diagnosis of psychopathy, given his age and development at time of sentencing. I just love some of the judge's remarks about him being a liar.

http://www.griekwastadmurders.co.za/d0cum3nts/255346298.pdf

A very interesting read, thank you, Tortoise. Much of it could well be said of HvB.

 

[Interested Bystander]

Re Don Steenkamp - Thanks JJ. I just read the judge's sentencing remarks. Really recommend it for reading, although portions of it are written in Afrikaans which I had to skip through. The last sections deal with potential future diagnosis of psychopathy, given his age and development at time of sentencing. I just love some of the judge's remarks about him being a liar.

http://www.griekwastadmurders.co.za/d0cum3nts/255346298.pdf

Thank you for the link, Tortoise. Very interesting indeed, particularly the criticism of the expert witnesses but also the similarity with the HvB case in many ways. I am hoping Desai will not be swayed by the neurologist's input. For me it is irrelevant whether HvB had a fit or not. He, in cold blood, murdered those nearest and dearest to him in a most hideous manner.

Whether or not we see mental illness emerge later in his incarceration will, however, be interesting, although we may never hear anything more about him.

 

[JudgeJudi]

There were some pertinent points in the Steenkamp Judgment.

"37. Twelfth: If the minor reacted as described by his relatives, and also by the investigating officer and further when he testified in court then it would be fair to say of him the deaths of his family “left him cold”; indifferent. He saw his father sprawled and full of blood. He looks at him and walks past. Next he sees his mother prostrate and bloodied and adopts a similar attitude. His beloved younger sister of 14 years, who was heavily wounded, strains every sinew, evidently to summon help; … He has his cellphone with him. He does not call an ambulance or the police or a relative. …

38. Thirteenth: Perhaps one of the most porous suggestions by the minor is that the farm-attacker would descent on the farm as a lone-ranger; would come on foot; would come unarmed; would evade the occupants of the house to reach the firearms at the furthest point in the house; kill the three deceased with their own weapons; spare the minor, who was with the intruder in the house, for no distinguishable reason from the others; … leave R32 000,00 in cash and three wallets belonging to the three deceased containing wads of cash; … walk away on foot when an appealing twin-cab Isuzu … were there for the taking … This Rambo is now once more unarmed. Perhaps when confronted by the police or the Neighbourhood Watch he would stick up his hands in the air and say: “Sorry, I got lost.” If this was true, the attacker would be dubbed the dumbest farm-attacker ever in South Africa.

58. … Why did the minor escape totally unscathed? Why was the killer so kind-hearted towards the accused minor? … Nonchalantly, he replied that he does not know. Mr Coetzee argued that it is for the State to supply the answer to its own questions. The State is not required to prove a negative or what was peculiarly within the contemplation of an accused’s mind at all relevant times.

59. I have deliberately refrained from commenting adversely or attaching any significance to the minor’s demeanour in the witness stand due to the length of the trial and that at 17 he is but a child who was subjected to searching but fair cross-examination. Except that I must say this: In the witness stand he showed no emotions. He has a strong voice and was assertive and confident. Even when he was painted into a corner he was not flushed. He never stammered or tripped over his words, even when he lied blatantly. He has a strong character. He is certainly not a wilting violet".

http://www.saflii.org/za/cases/ZANCHC/2014/9.html

Capt. Joubert was the forensic biology crime scene expert in the Steenkamp case too.

 

[Tortoise]

Yep, these poor accused sons/brothers eh

a fight/argument with the sibling who will receive the worst injuries Tick
murderers turning up unarmed and knowing where to locate the weapons in a strange house Tick
dogs not barking Tick
leaving without weapon Tick
leaving valuables behind Tick
poor accused son/brother remarkably finds an excuse to handle the weapon Tick
sparing the life of the poor accused son/brother who made no attempt to hide Tick
no attempt to comfort or aid the parents/siblings Tick
smart a$$ and no emotion in court Tick

I wonder if he will sack his team just before judgement too. :jail: