The trial lasted for 66 days in one of South Africa's most sensational murder trials.
From beginning to end with the odd exception it was a damning judgment for both HvB and the case presented by his defence.
Desai mapped out a judgment that left no room for doubt, referring to the "highly unlikely" chance of an intruder having breached the estate perimeter; the wounds on HvBs body, deemed "self-inflicted" by two "highly professional" and credible expert witnesses; the aggressive fight heard by a neighbour on the night of the attacks; and HvBs emotionless state in court "even as he described the fatal blows to his parents and brother".
Desai said it would be odd for an intruder to try to wipe out an entire family and "leave one member" with so little harm. He had neither tried to help nor consoled his family members and displayed "a peculiar lack of empathy", instead phoning his girlfriend.
He said the call to emergency services on the night of the attack had shown a "lack of urgency" and that the "demeanour of the accused" during an "unduly long conversation" with emergency services seemed "highly unusual for a traumatised victim".
Desai said that HvB had "become emotional from time to time" during the trial - which was "to be expected" but that in general he "did not show a great deal of emotion when he demonstrated the fatal blows to his family members" by an alleged axe-wielding attacker.
He added that HvB "was the only person alive who could remember what had happened" but had "sarcastically responded that he had had no idea who the attackers were".
Referring to the plea statement, in which he claimed there had been unknown intruders on the premises, Desai said the court agreed with the the prosecutor "that it is highly unlikely the perimeter of the estate was breached by an intruder". There was "no credible evidence that an intruder entered the estate on the night of the incident, the judge said.
Desai added that he would have had ample time to tamper with evidence.
Each piece of evidence "on its own" might not have been enough to convict him but "cumulatively" there was only one reasonable inference that could be drawn from the evidence and testimonies that he was guilty.
Desai said the court had concluded the chances were "virtually nil" that a second axe had been used. The lack of Marli's blood on the axe did not mean she had not been attacked with that axe.
He emphasised that forensic pathologist Dr Anthony had described the types of injuries to Marli's head as being "highly similar to those sustained by the other family members" and that "it is highly unlikely the alleged attacker would have brought along an axe similar to the one in the family home".
HvBs bail has been revoked and he will be detained in the hospital section of Pollsmoor prison while awaiting sentencing. The defence team will have to provide medical certificates and have his medical condition verified independently if he is to remain in the medical wing.
https://www.timeslive.co.za/news/so...van-breda-found-guilty-of-family-axe-murders/
