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

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https://twitter.com/ajnarsee

Judge Desai to ask questions now


J Desai: why did you not lock the back door after the left?
H: I should've. I was busy in the phone

J Desai: how many packs of cigarettes did you have on that day?
H: just one

J Desai: why did you hide your cigarettes in your shoes?
H: it wasn't really hidden from mum or dad, but more Marli.

H: their one rule about smoking is that they didn't want it to influence Marli

J Desai: how did blood spots get into your shoes?
H: spatter dripping onto carpet next to shoes

H: shoes were here since last Friday, when I took Sasha for a walk

J Desai: but why is there blood spots on shoes?
H: can I please have a look at the picture

H: I'm not a blood spatter expert but I presume it came from the area around

H: blood spots got there the same way the spots on he stairs got there

J Desai: you where in toilet and saw attack on Rudi, your father came, he could have went around the bed and attack, but he didn't

Desai: instead of protecting Rudi, if he done that, it might have saved the family?
H: it might've given me courage to protect him


https://twitter.com/HiRezLife

I expect we'll be done well before lunch today. Then the ball is in Desai's court. Wonder how long he will take to apply his mind.

Desai: Why didn't you lock the back door after the attackers had left? "I should have." Says he was on phone.

Desai: Why did you hide your cigarettes in your shoes? Says he hid his cigarettes from Marli, not from parents. Rudi also smoked.

Desai hitting Henri with a barrage of pointed questions. Wants to know why his shoes are under staircase/splattered with blood.

Desai reiterates: why is there blood on your shoes? When did you put then there? Henri says they've been there for months.

Interesting. When it comes to crime scene photos of his shoes and blood, he's very keen to look at them, and unaffected.

Desai: When Rudi went to bed that night, was he wearing the blue t-shirt? "No." Not no, my Lord.
 
https://twitter.com/HiRezLife

Desai is done. No further questions. Botha now says he wishes to call one further witness, a psychologist. This is a surprise.

Desai objects to the idea of a psychologist who must tell the court [and "usurp" the court's power] how to evaluate the witness.

Judge/prosecutor debating the "weight" of a psychologist's testimony. Not sure I agree, although can see how it can help defense.

My narratives are heavy speculating on psychology. It's an area often missing from trial narrative. Cousin to character evidence.

Court postponed till Monday.

https://twitter.com/AJGMolyneaux

Henri’s time in the stand has come to an end. Botha now says he would like Henri’s psychologists’ report to be entered into court.
 
Adv Botha says they asked her 2 questions; asked for answers in writing. Expected to have it by Thursday, will hand over to State.

Adv Botha says a distinct line of questioning from State and Desai about the inaction of #VanBreda to come to aid of family.

Expert can give expert opinion evidence on whether it may be typical behaviour when faced with such a situation.

Desai asks what weight one attaches to such evidence. Botha says if answers don't carry much weight, he won't waste court's time.

[url]https://twitter.com/TeamNews24[/URL]
 
Desai: in fairness, we haven't heard the evidence yet. Can argue at end of case what weight to attach to it.

Adv Botha gives undertaking that when he has report he will send it to State, as well as CV if he decides to call her.

Case postponed to Monday. Court adjourned.

[url]https://twitter.com/TeamNews24[/URL]

Adjourned to Monday, 13 November
 
Botha wants to introduce new evidence now, after HvB has finished his testimony, to provide reasons why he didn’t go to the aid of the family. I’ve never heard of anything like this. OISA

Botha's as despicable as his client.
 
Adv Botha says they asked her 2 questions; asked for answers in writing. Expected to have it by Thursday, will hand over to State.

Adv Botha says a distinct line of questioning from State and Desai about the inaction of #VanBreda to come to aid of family.

Expert can give expert opinion evidence on whether it may be typical behaviour when faced with such a situation.

Desai asks what weight one attaches to such evidence. Botha says if answers don't carry much weight, he won't waste court's time.

[url]https://twitter.com/TeamNews24[/URL]

So now we wait until Monday to see if judge will allow this witnesses report to be admissible in court. Botha really takes the cake doesn't he lol..
 
https://twitter.com/ajnarsee

Desai: instead of protecting Rudi, if he done that, it might have saved the family?
H: it might've given me courage to protect him

Botha: announces that he intends to call psychologist.
J: what will the psychologist say?


J: the function of the court is to evaluate witnesses

B: I've ask expert two questions and I should have the answers by Thursday. Once I have it can hand over to state

J Desai: you need to advance arguments on why the evidence is admissible

Botha: the witness will not present evidence in why throw court should believe my client (????)

B: there was a lot of questions around he lack of inaction to aid his family, and his actions after the events

B: witness can provide expert opinion on whether his behavior is typical

G: whatever admissible evidence defence can give, will not carry as much weight. Don't understand what weight this can give

G: it's theoretical speculation

B: I give the undertaking. The moment have the report I will hand over to the state. Then can deal with admissibility

Matter postponed to next Monday
 
Botha wants to introduce new evidence now, after HvB has finished his testimony, to provide reasons why he didn’t go to the aid of the family. I’ve never heard of anything like this. OISA

Botha's as despicable as his client.

Did Desai grant approval for the psychologist or her report to be called? Couldn't hear him clearly.
 
Botha wants to introduce new evidence now, after HvB has finished his testimony, to provide reasons why he didn’t go to the aid of the family. I’ve never heard of anything like this. OISA

Botha's as despicable as his client.

I'm quietly raging inside! He's despicable, as if he believed the BS and expected J Desai to as well!!
 
Did Desai grant approval for the psychologist to be called? Couldn't hear him clearly.

No he didn't, it's a complete surprise to J Desai and the state. But as it's SA, even though J Desai wasn't pleased, he'll allow it. :sigh:
 
So now we wait until Monday to see if judge will allow this witnesses report to be admissible in court. Botha really takes the cake doesn't he lol..

He will..... and he does! :rage:
 
No he didn't, it's a complete surprise to J Desai and the state. But as it's SA, even though J Desai wasn't pleased, he'll allow it. :sigh:

Thanks, Prime! Wish Desai had replied with a loud "NO" and squashed Botha on the spot! OISA!!
 
G: Officers asked why you didn't follow attackers?
H: I was unsure, didn't know what other weapons they might have had.

[url]https://twitter.com/CapeTownEtc[/URL]

This vicious murderer entered the home unarmed and looked for a weapon in the pantry. That would be the last place in close proximity to a kitchen where I’d expect to find a serious weapon, but this guy struck gold and was lucky enough to discover an axe. Not content with that, he also thought it prudent to carry a knife, so he looked in the cutlery drawer. If I was intending to kill someone, I’d be looking for a large knife like a chef’s knife, carving knife or even a serrated bread knife. But no, HvB chose a small knife from the cutlery drawer. I guess a large knife would be a tad uncomfortable if you were going to conceal it in the back of your shorts while you wielded an axe. If that knife was the most lethal the killer could find, it didn’t leave much for the guy/s waiting downstairs.

We know the intruder only entered the home with the intention of murdering the entire family because nothing was stolen despite the fact that Teresa’s expensive-looking handbag containing a cash-filled wallet sat on the kitchen bench. I wonder how he missed seeing that when he removed the knife from the cutlery drawer. Not only that, but the handbag sat alongside a laptop that was plugged into the wall socket. (Depending on which article you read, the handbag and laptop may have been on the dining room table). Perhaps it was Rudi’s laptop because it wasn’t found in his bedroom and HvB said they both were on their laptops before going to sleep. Martin’s Toshiba laptop was on the desk in his study. An expensive looking watch remained untouched.

Another thing that’s rather strange about this fairytale is that the other intruder/s who were downstairs while the killer was on his rampage didn’t choose to steal anything either. All that risk and nothing to show for it.

I believe in karma.

And intruder knew -in the dark no less- that an axe is kept BEHIND the ironing board - out of sight!
 
So Henri finds the money to pay for a psychologist to do his bidding.

To explain why he was able to come out of the bathroom and stand in the same room as the attacker while shouting, but was too scared to help Rudi or Martin or to shout to his mother to stay away. But strangely after hearing a second attacker from his room, he was able to run after them both and go out the back door, before fear overtook him again in case they had another weapon, but then did not lock the doors or close the windows in case he/they came back to finish him off.

More fright/fight/flight nonsense like we were all born yesterday. I'm sick of it. I'm not going to bother listening to someone paid to explain why a person may not do anything when we all know he was the busiest he's ever been in his life that night.

When Desai asked him why he didn't lock the back door he said he should have. You only say you should have done something if something then occurred that you wish you had prevented. Should have isn't an answer to the question. Maybe the only should about it is that he now realises it would have given his pathetic story a nanogram of credibility.
 
Holy cr*p - what is Botha up to. Has he been reading these pages? Are we now going to hear that this behaviour can happen when the culprit has some sort of psychological problem.
 
Adv Botha says they asked the Psychologist two questions.

Adv Botha says they concern a distinct line of questioning from State and Desai about the inaction of VanBreda to come to aid of his family.

What do you think these two questions would be?

What do you think the answers will be?

What do you think the answers should be?
 
HI all, I have often wondered if he was so scared, why he didn't call just anyone - if not the police, when he had his phone in the bathroom?
 
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