South Africa - Martin, 55, Theresa, 54, Rudi Van Breda, 22, Murdered, 26 Jan 2015 #5

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Listen to Tracey Stewart’s final instalment here re the forthcoming judgment. She is joined by Kelly Phelps, a lecturer in criminal law at the University of Cape Town.

Those who followed the OP trial will recall that she was very biased towards him and was proven to be incorrect in her assessment of that case.
 
JudgeJudi said:
Listen to Tracey Stewart’s final instalment here re the forthcoming judgment. She is joined by Kelly Phelps, a lecturer in criminal law at the University of Cape Town.

Those who followed the OP trial will recall that she was very biased towards him and was proven to be incorrect in her assessment of that case.
Click to expand...
Thank you JJ.

When they were discussing an absence of motive for Henri as the perpetrator, I was struck by their apparent disregard for his demeanour in court.

I'm not saying the court needs to have expertise to make a psychological evaluation, but to me it was evident that he is callous, arrogant, indifferent to the slaughter and loss of his family, unmoved by the 'memory', even finding humour in it at times and seeing it as a game of one-upmanship, and I am left in no doubt at all that he is a psychopath. Even making allowances for the stress and nerves of being on trial, this guy is just soulless.

One doesn't need motive in that instance, in the way that we might consider what would cause a normal individual to slaughter his entire family; any perceived wrong or slight would be enough to trigger a cold narcissistic rage. He is so dark. The pictures of him in the ambulance that morning show he was not scared or traumatized by the horrors of that morning, his whole family lying in a bloodbath, bludgeoned and dead. Not a tear. He is not normal, and it would be wrong for the State to try to justify or invent a motive as if there could be a 'normal' family axe-murder. He just wanted rid of them all, like they were in his way, an inconvenience to his existence because with them alive he had accountability.

There is no care or love in a black hole. He didn't need their care or love. He is on a one-man island, sauntering in and out of the courtroom. IMO.
 
JudgeJudi said:
Listen to Tracey Stewart’s final instalment here re the forthcoming judgment. She is joined by Kelly Phelps, a lecturer in criminal law at the University of Cape Town.

Those who followed the OP trial will recall that she was very biased towards him and was proven to be incorrect in her assessment of that case.
Click to expand...

After this long trial, and numerous delays, we are almost there. :thinking:
 
Tortoise said:
Thank you JJ.

When they were discussing an absence of motive for Henri as the perpetrator, I was struck by their apparent disregard for his demeanour in court.

I'm not saying the court needs to have expertise to make a psychological evaluation, but to me it was evident that he is callous, arrogant, indifferent to the slaughter and loss of his family, unmoved by the 'memory', even finding humour in it at times and seeing it as a game of one-upmanship, and I am left in no doubt at all that he is a psychopath. Even making allowances for the stress and nerves of being on trial, this guy is just soulless.

One doesn't need motive in that instance, in the way that we might consider what would cause a normal individual to slaughter his entire family; any perceived wrong or slight would be enough to trigger a cold narcissistic rage. He is so dark. The pictures of him in the ambulance that morning show he was not scared or traumatized by the horrors of that morning, his whole family lying in a bloodbath, bludgeoned and dead. Not a tear. He is not normal, and it would be wrong for the State to try to justify or invent a motive as if there could be a 'normal' family axe-murder. He just wanted rid of them all, like they were in his way, an inconvenience to his existence because with them alive he had accountability.

There is no care or love in a black hole. He didn't need their care or love. He is on a one-man island, sauntering in and out of the courtroom. IMO.
Click to expand...

Great comments Tortoise, and I too believe he's a psychopath. After going through the entire trial a second time I was even more convinced of his guilt. While neither Tracey or Phelps offered an opinion as to the verdict, I have no doubt whatsoever as to his guilt. If he's acquitted, I believe it will be on technicalities.

If he's acquitted and the State want to appeal, the huge problem will be the fact that the SCA will rely on the facts as found by Desai. I don't see them appealing on the basis of mixed facts and law as in the case of OP because Desai isn't a fool like Masipa.

Tracey and Phelps said his versions were fundamentally the same. This is complete nonsense. He was in the toilet and then he was in the bedroom. He heard the attack outside in the hallway and then he didn't. Rudi was on his laptop while in bed and then Galloway said there wasn't one in his room. Sasha always slept upstairs but that night he didn't know where she was and there were no bloody paw prints etc etc etc. There's an endless list. There was also the ludicrous suggestion of a second axe. What about the lack of blood that must have dripped from the intruder's gloves, clothing, shoes or second axe? There was none. Changing versions is very important and yet they brushed this off. I was quite angry by the end of the video to the point where I couldn't bring myself to comment.

They both stated, and it is the fact, that motive isn't necessary. It is nice to have however. How about the fact that his father had shut off allowance, he'd left uni and wanted money. He bought a new car some months after the murders IIRC. And finally, before I work myself up into a state, they both said that the uncles testified that all was well within the family. How many times do we need to read/hear of the testimony from family members and friends who had no idea that a person had serious issues. The most recent example is the student who shot 9 students and a teacher to death in the US. Not one single person thought he had mental health or any other issues.
 
I am in total agreement with you JJ.

One of the pieces of evidence (there are so many!) that sticks out in my mind is the droplet (s?) of blood in the shower containing a mixture of DNA. His explanation was that they both shave in the shower. Well I'd like to see the statistical chances of them both shaving and shedding blood that would mix in the same droplet.
 
Tortoise said:
I am in total agreement with you JJ.

One of the pieces of evidence (there are so many!) that sticks out in my mind is the droplet (s?) of blood in the shower containing a mixture of DNA. His explanation was that they both shave in the shower. Well I'd like to see the statistical chances of them both shaving and shedding blood that would mix in the same droplet.
Click to expand...

Just to add that most men do not shave in the shower. I bet neither of them ever shaved there.

In relation to the shooter I referred to above, "The suspect's lawyer says he was "weirdly non-emotional" after the attack. Sounds familiar doesn't it.
 
JudgeJudi said:
I see different times IB. Assuming Court starts at 10.00 am in SA, look here to see the times for the UK, Sydney and Eastern time in the USA.
Click to expand...

In the UK we are 5 hours ahead of Eastern Time in the USA. We are in British Summer Time now not Greenwich Meantime so 7am Eastern is 12 o'clock mid day in the UK and SA is 1 hour ahead of us i.e. 1 pm. Cape Town is 6 hours ahead of Eastern Time, so 7am Eastern will be 1pm in Cape Town. That should allow us to hear/see 3 hours of court before WS goes down but that includes breaks. Surely we shall hear the verdict by then. I am going to set an alarm to remind me to switch on at 9am UK time for start of proceedings.
 
Interested Bystander said:
In the UK we are 5 hours ahead of Eastern Time in the USA. We are in British Summer Time now not Greenwich Meantime so 7am Eastern is 12 o'clock mid day in the UK and SA is 1 hour ahead of us i.e. 1 pm. Cape Town is 6 hours ahead of Eastern Time, so 7am Eastern will be 1pm in Cape Town. That should allow us to hear/see 3 hours of court before WS goes down but that includes breaks. Surely we shall hear the verdict by then. I am going to set an alarm to remind me to switch on at 9am UK time for start of proceedings.
Click to expand...

IB, look at the link again and you will see that SA time is one hour ahead of you. Just underneath the times for the various locations under “Glossary” it states “Note that United Kingdom is not on GMT during summer” so your time has been adjusted for daylight saving. All these times will give us 3 hours, i.e. until 1pm in SA, noon in London, 9pm Sydney and 7am in the US.
 
Henri's advocate Pieter Botha makes his way to the Western Cape High Court. The accused and his girlfriend were seen through the window but have not left chambers yet.

Proceedings start at 10:00.

Botha and Galloway chatting discreetly in the corner. Galloway approached our bench and shook a few of the journo's hands.

Henri and his girlfriend Daniella walk hand in hand to the high court. She did not attend trial proceedings but is here today.

Susan Galloway is a seasoned State advocate with 25 years' experience.
Her high-profile cases have included the conviction of taxi driver Jacob Humphreys. He was sentenced to 20 years behind bars for killing 10 children when a train struck his minibus at the Buttskop level crossing, Blackheath, in 2010.

Seated and ready for judgement. Axe murder accused Henri will know his fate today.

https://www.news24.com/SouthAfrica/News/live-d-day-as-henri-van-breda-faces-judgment-20180521
 
JudgeJudi said:
IB, look at the link again and you will see that SA time is one hour ahead of you. Just underneath the times for the various locations under “Glossary” it states “Note that United Kingdom is not on GMT during summer” so your time has been adjusted for daylight saving. All these times will give us 3 hours, i.e. until 1pm in SA, noon in London, 9pm Sydney and 7am in the US.
Click to expand...

JJ I thought you were picking up an incorrect timing on my part. I see you make the timing the same as I do.
 
Anthony Molyneaux‏ @AJGMolyneaux 2h2 hours ago

Well, judgement day has arrived for Henri van Breda. I spoke to experts @Traceyams and @JulianJansen on what the possible outcome could be for him. Here’s the video: ‘If Henri did it…’: Expert’s have their say

[url]https://www.youtube.com/watch?v=GrgdOY1xHDQ[/URL]
 
nearly had a heart attack, the first thing I heard Desai saying was he is not guilty of...and then I realized I missed him saying 'it is the defence's case'!!
 
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