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

[Tortoise]

https://www.timeslive.co.za/news/so...lashes-defences-statements-in-van-breda-case/

[h=1]Judge slashes defence's statements in Van Breda case[/h]

 

[JudgeJudi]

Will he finish today?

I'm pretty sure he will as he seems to have covered most of the evidence. I can't wait to see HvB's face when he's convicted. But then again, psychopaths basically only have feelings such as anger, resentment, envy and jealousy. Anger will be the big one but I wouldn't be at all surprised if he showed no emotion at all.

Hopefully sentencing will be soon. 25 years x 3 plus attempted murder and (?) defeating the ends of justice. All 3 sentences for murder will no doubt run concurrently. I'm not sure about the attempted murder and the last charge. No matter what the sentence is, he'll probably be able to apply for parole after serving 25 years. Hopefully, other than his age, there won't be any special mitigating circumstances.

 

[Tortoise]

I want to see him locked up for the rest of his natural life.

 

[L2L]

I want to see him locked up for the rest of his natural life.

:clap:

 

[Tortoise]

I just don't understand why there aren't police guards standing over him. It's all so casual, compared to other SA murder trials.

 

[Fluffykins]

rsbm

Hopefully sentencing will be soon. 25 years x 3 plus attempted murder and (?) defeating the ends of justice. All 3 sentences for murder will no doubt run concurrently. I'm not sure about the attempted murder and the last charge. No matter what the sentence is, he'll probably be able to apply for parole after serving 25 years. Hopefully, other than his age, there won't be any special mitigating circumstances.

JJ, assuming HvB is found guilty by Judge Desai (as now, fingers crossed, seems likely), do you have any previous experience of how long it might take before he is sentenced? Matter of weeks or months?

I realise that might be a bit much of an ask, so please feel free to say your guess is as good as mine!

 

[Tortoise]

https://twitter.com/HiRezLife
[FONT=&quot]Court about to resume for afternoon session…[/FONT]

 

[tmar]

I just don't understand why there aren't police guards standing over him. It's all so casual, compared to other SA murder trials.

I am so pleased info is coming through.
I thought Websleuths wouldn't be operating for a few days.
Now to read all your wonderful posts, and see what is happening.
Wish I turned my Laptop on earlier.
Thanks, so much.
Hope good news. lease:lease:

 

[Tortoise]

It's back. Live feed

http://www.enca.com/south-africa/ju...n-in-triple-axe-murder-accused-van-breda-case

 

[JudgeJudi]

Counsel and accused back in court and waiting for Desai. eNCA is streaming.

http://www.enca.com/south-africa/ju...n-in-triple-axe-murder-accused-van-breda-case

 

[Tortoise]

Botha's probably thinking will the family fund my appeal. They were running out of money during the trial.

 

[Tortoise]

Now talking about Olckers (defence DNA expert)

 

[Tortoise]

https://twitter.com/HiRezLife
[FONT=&quot]Oh God, now reviewing Olckers' evidence.[/FONT]

 

[JudgeJudi]

We are back from lunch: Judge Desai continues reading his judgment: Defence counsel challenged competency of Colonel Otto

Colonel Otto's mandate was to examine results- at most it was the defence's case that a sample taken near where Marli was found did not belong to the family

Defence argued that the bulk of the DNA results were invalid due to SOP not being applied

Judge Desai is going through the SOP's and the procedures actually used as reported by Colonel Otto

Colonel Otto testified and conceded that where there was a mixture profile which included Teresa and her sons, it could only be the DNA of Rudi and Henri

The DNA in the shower- tested positive for blood as testified by DNA, it is more resistant to normal detergents- Accused offered and explanation that he and Rudi would regularly shave in the shower

Dr Olckers dealt with the DNA evidence for the defence, Olckers only took the qualitative aspects of the DNA results into account

Dr Olckers listed non-compliance with SOP and testified proficiency of several analysts including the proficiency of Colonel Otto. It was not put to state witnesses that other analysts are not proficient

Court is satisfied that the competency of Colonel Otto is established beyond any reasonable doubt

FSR is a forensic laboratory not a research laboratory there are not always perfect samples at crime scene

Colonel Otto said she had no difficulty getting a result, Olckers conceded that a different result of DNA would not be forthcoming

http://www.enca.com/south-africa/ju...n-in-triple-axe-murder-accused-van-breda-case

 

[Tortoise]

https://twitter.com/HiRezLife
[FONT=&quot]"Dr.Olckers was not a good witness...conceded she had no experience in a forensic lab...academic knowledge. Opted not to retest."
[/FONT][FONT=&quot]Desai refers to Olckers' testimony as a fishing expedition and a sideshow. Not pulling his punches. Was horrible to sit through.[/FONT]

 

[JudgeJudi]

Defence counsel conceded- the exhibit with shoe in picture- was a side show, defence counsel should refrain from using court time with side shows that merely cloud the issues

[Desai also said, "Olckers was not an impressive witness"]

Dr Olckers was not a good witness, reluctant to make admissions where it was appropriate, academic and formalistic no experience in a laboratory

Dr Olckers says she advised counsel on re-testing the DNA samples, although the defence does not have to prove anything, a simple test of a few samples would have assisted to avoid these side shows

[ :floorlaugh: ]

Dr Olckers said that the results were invalid but could not comment on accuracy of the results as no tests were done

Joubert's conclusion- blood stain: number of stains made by EMS personnel on the scene, patterns suggest Rudi was dragged and moved from the bed, through a pool of blood, the duvet accused bed removed after blood shedding event

Rudi was stationery while a pool of blood formed

Blood stains on grey shorts from multiple blood shedding events

Spatter stains on white socks it was close to blood shedding event of Teresa and Rudi

White socks were exposed to multiple blood shedding events

No disturbance of blood stains on the handle part of the axe

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

 

[Tortoise]

Now talking about change of version from being in bathroom to being close to attacks. No blood spatter on bathroom door/surrounds.

 

[Tortoise]

https://twitter.com/HiRezLife
[FONT=&quot]Defence counsel both still actively scribbling notes. Henri has filled 1 page of his blue-green notebook.[/FONT]

 

[Tortoise]

"nothing in the forensic evidence excludes HvB as attacker"

 

[JudgeJudi]

Attacker was standing in vicinity of bed when attacking Martin, Teresa attacked at the door. According to Joubert the events described are not consistent with the blood spatter patterns

Duvet was moved after the blood shedding event, victims were attacked in quick succession

Defence argued that accused maintained from outset that there was more than one attacker hence the absence of Marli's blood on the axe- this statement is not true

The accused mentioned that 3 adults and a teenage girl had been attacked by an axe- no adverse findings are made in respect of the second axe, court has already dealt with and made a finding on Marli's blood on the axe

Nothing in the forensic evidence categorically excludes the accused as being the attacker

Captain Brown testified regarding ballistics tests on the wall where the axe had been thrown intentionally or not

Court notes that the mark in the wall is rather straight, a controlled action would probably create more straight or linear marks than an axe thrown

Court finds that the damage above the stairs was probably caused by a controlled axe

No expert evidence, to contradict Brown regarding the evidence of the axe being thrown, except the evidence of the accused

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