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

[JudgeJudi]

Security: accused alleged intruder attacked in the early hours of the morning. De Zalze wine estate is a security state. Rossouw security manager explained the lay out of the estate, refers to map.

On 27 January when Wyngaard reported again for night duty he inspected the fence and testified that it was impossible for any intruder to gain access to the estate undetected.

There seems to be a discrepancy as to which security personnel attended to the patrol. The court is not convinced that the patrol at 01h37 was done in response to an alarm.

Rossouw testified that a loud screen with an irritating alarm would pop up on the screen, the alarm actived at 01h37 was described as a "not true alarm".

Murders probably committed between 0400 and 04h24, if it was a true alarm a possible intruder would have wondered around the estate for a few hours undetected without comitting any other murders.

It may have been a deliberate alarm to test the fence. After Rossouw found out about the incident she instructed an inspection of the fence cm by cm nothing unusual or suspect was reported.

Rossouw said there were no signs of foot prints along the fence. Defence said that residents were actively running near the fence, accused agreed that it was a fair assessment that the intruders would go through quite a bit of trouble to enter estate.

Neighbour Op tHof testified that she felt secure in the estate, Taljaard said she felt safe, she would leave her children alone when she went swimming. None of them reported any incident that night. The only noise reported was by Op't Hof earlier in the evening, loud mens voices.

Highly improbable that intruder could access the estate undetected. Despite lengthy cross examination the defence was unable to present actual evidence of a security breach.

Philander for emergency services received a call from the accused, it lasted 25 minutes accused was emotional while it was played in court, the sound clips were correct. Accused testified that he stuttered.

https://twitter.com/traceyams?lang=en

 

[Tortoise]

Accused accepted no evidence of second axe.

 

[Tortoise]

"there is no convincing basis or any basis at all for contention that a 2nd axe had been used at all."

 

[Tortoise]

Now deals with the knife.

 

[Tortoise]

I don't think we are going to be here when he reads the verdict. Half an hour till we go down.

 

[Fluffykins]

Axe did not have as much blood on it as expected

Because wiped.

 

[Fluffykins]

https://twitter.com/HiRezLife
[FONT="]"Highly unlikely that the alleged perpetrators would fortuitously bring along a similar axe...ditto 2nd attacker..." Repeats it.[/FONT]

It's so good that we can see where he's coming from. As my dear old mother would have said, it's all over bar the shouting.

 

[Tortoise]

He is taking apart Henri's version piece by piece.

 

[Tortoise]

Now deals with motive to commit crimes

 

[JudgeJudi]

Accused said that he panicked and smoked 3 cigarettes in short succession dropping them on the floor because his hands were shaking

Under normal circumstances the accused could not smoke inside, he was taught to speak slow and calm to avoid stuttering, the court finds that he was stuttering

Accused said that he did not get angry as he was under the impression that they were having a technical issue and did not get frustrated and did nothing to express those feelings of frustration, as this would not help.

Accused knew that Marli and Rudi were still alive, but never mentioned Rudi being alive. He could not explain why he did not tell her that Rudi was also alive.

He said that he heard Rudi making gurgling sounds but in cross examination he was not sure if it was Rudi or Marli. Incorrect to say that he phoned emergency services before passing out, he only did an internet search.

Before passing out. Dr Butler testified that even though he appears to be inappropriately calm, Dr Butler said this is consistent with the behaviour of someone in a post ictal state after the seizure.

If the accused intention was to get help as quickly as possible, it does not explain why he first tried to contact his girlfriend Bianca at 04h24.

The accused accepted the info downloaded from the mobile phone was correct, he did not seek help from other obvious sources, the neighbours, security numbers on the fridge. He called a minor school girl residing in a hostel and said he just wanted to speak to someone.

In cross examination he said that he did not know of the emergency numbers, the fridge is close to the kitchen table where he sat and smoked 3 cigarettes- The emergency numbers were 1.53m from where he sat.

Accused conceded that he had the opportunity to call the security, he conceded that he presumably would have been able to get the emergency services sooner. Unlikely that he was unaware of the emergency numbers.

https://twitter.com/traceyams?lang=en

 

[Fluffykins]

If a second axe was used and carried out of house, absence of drip trail

I really like this Judge. He's thorough.

 

[Tortoise]

https://twitter.com/HiRezLife
[FONT=&quot]This is a crazy case. 2nd axe? [/FONT]#VanBreda[FONT=&quot] Knife was clearly related to kitchen knife sets.
[/FONT][FONT=&quot]Henri does seem to be falling asleep. He's not the only one.
[/FONT][FONT=&quot]Desai referring to crime in South Africa...laughing atrackers...while parts of court sleeps..[/FONT]

 

[Tortoise]

Unlikely Rudi had enemies, living in Australia

 

[Fluffykins]

I don't think we are going to be here when he reads the verdict. Half an hour till we go down.

Bummer. :sigh:

 

[Tortoise]

Sounds as if Henri has been sedated

 

[Tortoise]

https://twitter.com/HiRezLife
[FONT=&quot]Accused agreed: "Initially the attacker targetted Rudy." Now Henri appears woozy and medicated.
[/FONT][FONT=&quot]Desai refers to motive. No specific motive seems to exist. This was a weakness in state's case. Henri pokes corner of his eye.[/FONT]

 

[LouP1209]

HvB looks like he's struggling to stay awake!

Thanks for the updates all.

 

[Tortoise]

https://twitter.com/HiRezLife
[FONT=&quot]Neighbour heard loud male voices with an aggressive undertone. Went on continuously from after 22:00 until midnight.[/FONT]

 

[JudgeJudi]

In his plea explanation he said that he struggled for quite some time to get the ER operator and tried his best to formulate a plan, yet he did not use the emergency numbers on the fridge, the very reason they were there was for an emergency.

Common cause that he did not attempt to alert the security of De Zalze that there was an intruder. The court accepts that the well being of the injured is important.

Accused testified that he did not call for help when he went out the back door after the attackers, he testified that he does not have a reason why he did not call for help. He thought if it was not a medical professional they wouldnt have been able to help.

In his plea explanation accused said he went outside to meet emergency services and called to someone to help, he could not recall who.

During cross examination the process of the trial jogged a lot of his memory.

He never mentioned it to the police, when probed again he said that he did not deem it necessary to point out to the police that he sought help from a lady in the estate while on the phone with ER.

The conduct of the accused after the attack on the family is inexplicable. Failed search attempt for emergency services, not going to neighbours, not using the numbers on the fridge, phoning Bianca, not comforting his family and instead smoking 3 cigarettes.

Op't Hof heard noises- both of her sons were awake at 04h01 in the morning - accused went out of the back door at 04h02 to phone Bianca.

He then phoned the ER services 2hr40 min later. What happened during that time? He could not explain why he wanted to go up stairs again, he was unsure why he lost consciousness on the staircase.

Accused testified that he was disoriented when he woke and before he stood up on the stairs, when he saw Marli he snapped back to reality, he was examined by doctors who did not think he had concussion.

https://twitter.com/traceyams?lang=en

 

[Tortoise]

"court does not have to speculate as to motive of assailant"