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

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He didn't feel like telling the officer about the 2nd attacker when he signed his statement.
 
https://twitter.com/HiRezLife
[FONT=&quot]"Accused's version is possible. Not necessarily plausible. Bottomline - unlikely."
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[FONT=&quot]Starting to see why Desai wanted an extra month. This is just the summary of his findings.
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[FONT=&quot]"The accused seems to be an intelligent person..."[/FONT]
 
Shoe print analyst- no bloody foot prints on the stairs upon his arrival, it had to be the bloody shoe prints of the ER personnel when assisting Marli

Dealing with report on persons who have been arrested at Klein De Zalze, mentions that James (Marli's boyfriend at the time) had been a suspect

Intruder had worn gloves, assume that 2nd intruder would have worn gloves, no finger prints were found on the axe handle.

The accused's thumb print was found on the blade of the knife. Unidentified prints found, were actually a double print, Accused admitted that he had handled the knife after the altercation

Explanation for knife being under the bed- Either it bounced there or Rudi pushed the knife under the bed. It was unlikely that either version is true there are far too many possibilities for the court to make inference on this

The number of intruder's: it's the accused version that more than 1 intruder attacked his family that night

Accused says he heard angry voices after the attacker left out the bedroom. Testified more than 1 attacker, he did not tell the police that morning after repeating the story, traumatic etc.

Accused said he was surprised that a second attacker was not included in his police statement

The accused version and as a witness. He described the attacker as a black person, he wore gloves and a balaclava type mask

Accused testified that he thought it was a black man due to the skin colour around his eyes. He used the word black rather than coloured. He said he was told to choose a race

https://twitter.com/traceyams?lang=en
 
trial within a trial - admissibility of statement
 
no evidence that accused was a suspect at the time.
 
discrepancies between all the versions...
 
said he signed statement so he could go home.
 
In cross examination he conceded he gave a very poor description of the attacker, that nobody would be able to place the attacker based on his description

Accused was not a suspect at the time he spoke to Sgt Kleynhans. He told his version of the events communicated with Kleynhans in English

Accused said he was in the bathroom, heard someone attacking his brother, then his father came into the room, he was attacked, mother and marli attacked outside his vision, he fought the attacker who then fled and he threw the axe at attacker as fled

The trial within a trial- Sgt Malan testified, this centred around a violation of the accused constitutional rights

State argued accused was not a suspect at the time, Defence argues that he was treated as a suspect

Only the evidence of Malan regarding whether he was a suspect or not was lead, nothing stated by Malan implied that he was a suspect, Malan was criticised by the defence counsel for apparently inconsequential reasons Malan was a good witness

In light of peculiar circumstances of this case, public interest requires the admission of the evidence as it was all the police had on that day, one witness to say what happened

At the time of deposing to the police statement he did not have insight into the independent expert evidence

He testified that certain aspects were incorrect, he wanted to go home but if he had had legal advice he would not have changed anything he would have better understood the consequences of wording it correctly

During his testimony he conceded discrepancies between plea explanation and police statement, there should be no distinction in the mind of the people of the importance of a police statement, he conceded that he would compromise the truth under oath

https://twitter.com/Traceyams?lang=en
 
contradicted himself in testimony about Rudi going for a run
 
adapted statement about film to include the argument heard by Opt-Hoff (sp.)
 
https://twitter.com/HiRezLife
[FONT=&quot]"The accused contradicted himself in his plea explanation..." Refers to times provided in police statement but not in plea.
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[FONT=&quot]Henri is taking notes.
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[FONT=&quot]Judge refers to Henri tailoring his evidence so that it "fitted" with the timeline. [/FONT]
 
Accused struggled to explain Martin's position on bed.
 
Discrepancy about attacker producing knife - 3 versions
 
https://twitter.com/HiRezLife
[FONT=&amp]Desai: "The attacker laughed, giggled, had fun while killing..." As Judge says this Henri glances left makes eyes contact with me.
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[FONT=&quot]Then Henri glances to the right at the bank of assembled media, as if suddenly remembering they're there.[/FONT]
 
Couldn't remember where his feet were but could remember everything else. Unrealistic.

(no doubt to explain why his socks were clean)
 
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