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

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Hi Everyone :wave:


Our best wishes for your good health and speedy recovery JJ!


Enjoy! :D

High-Tea_25-570-270.jpg


another day of Botha, :gaah:
 
PrimeSuspect said:
Hi Everyone :wave:


Our best wishes for your good health and speedy recovery JJ!


Enjoy! :D

High-Tea_25-570-270.jpg


another day of Botha, :gaah:
Click to expand...

Thanks, Prime...... delicious as usual! We're getting closer & closer.....
 
I couldn't help but notice the 2 juniors on Botha's team have stopped laughing and talking like they did during Galloway's
summation. Rude pair!
 
Botha must be fuming, mustn't he? He's only got until teatime. Just suppose it takes half the day to fix the A/C, can the proceedings be extended at this point - any ideas about that?
 
Morning all, a bit early for bubbly here in UK (8.43am) but I'll take a cup of tea!
 
Fluffykins said:
Was there ever a trial so plagued with interruptions and delays? :maddening: I do believe I will have that glass of bubbly you're pouring there, Prime!
Click to expand...

Sorry, Fluffykins! I beat you to it!
 
Not that we need reminding but today is the anniversary of the murder of Reeva RIP 5 years ago :tears:
 
https://twitter.com/Traceyams

The court room has cooled slightly and Judge Desai is now in court, Adv Botha on his feet to continue his argument

Adv Botha to deal with hair evidence briefly, submits that Stewart was a terrible witness

Judge Desai agrees on comments regarding Stewart as an expert witness

Adv B: He linked the sample hair found in Marli's hand he could link to a family member, and this may play a role later, Adv B will deal with it later

Adv B: No doubt the state knew this was the case they had to meet- Henri said I wasnt the attacker their were two unknown assailants

Adv B; did the state produce evidence which proves beyond reasonable doubt that there were no unknown assailants and that it was my client who committed the crime

Adv B: Lets look at evidence of unknown assailants, 1 the evidence of unknown hair Stewart detected. 2. Unidentifiable finger prints lifted from the scene

Adv B: shoe prints- a total of 38 prints were identified as being people on the scene but the 38 prints were by no means the only prints on the scene there were other prints that were not marked by warrant officer hitchcock, visible on video footage

Adv B: only 3 of the 38 could match the shoes given to him, 33 were a possible match - thus they did not present evidence which excluded any other possible inference

again question is did the state present evidence which excludes possibility of unknown assailants
 
https://twitter.com/ajnarsee

Botha: the hair specialist was an extremely poor witness. He claimed that the hair found in Marli's hand was Henri #VanBreda. But it was too long to be my clients hair

Botha now addresses the probability of unknown assailants. The accused only saw one assailant, but heard the voice of another

Botha: the state case is that the unknown assailants are a figment of my clients imagination

Botha: ffg evidence justifies the probabilities of unknown assailants:
1. There were unknown hairs
2. W.O Olifant, unidentified finger prints were found on the scene not linked to family members
3. Shoe prints: 38 prints, only 3 matched,33 possible match.... (Cont)
Botha:
4. DNA samples: of the 216, only 155 examined.
5. Two drops of blood found-cannot exclude he possibility of a bloody hand/sleeve passing by there
6. Why was no DNA of the accused found on the family members
(Cont)..
Botha:
7. Self inflicted: even if court accepts some injuries were,who stabbed the accused?
8. No Blood of Marli on the axe. Possibility of second weapon?
9. Wouldn't be that difficult to access the property

J Desai: Security inspected the parameter fence and found no breach or anything wrong

Botha:
10. Is there any indication that assailants knew the layout of the house?
The house is open plan...
The study light was on, this would fit in with someone going in there first

J Desai: would this person be hell bent in finding a certain family member or just murdering the whole family?
Botha: I don't know but the onus is not on the Defence to prove this
 
https://twitter.com/Traceyams

Adv B: importantly, from Cln Otto evidence when she said no unknown DNA she was referring to 155 samples that gave a result- the other samples (they took 216) did not give a result this means you cant exclude the possibility of unknown DNA

Adv B: the two drops on the adjacent wall- he said that there are a number of factors like wind to play a role if it came from the room but he conceded that he could not exclude the possibility of blood dripping of an object

Adv B: again this does not exclude the possibility of unknown assailants

Adv B: Fact that there was no DNA found on the family members does not exclude the presence of unknown assailants (if wearing balaclavas and gloves as stated by Otto) and secondly that Henri's DNA was not on the family members

Adv B: Self inflicted injuries, if the court makes a finding that based on evidence of Tiemensma and dempers that the cuts on the arm and chest were self inflicted - it begs the question who stabbed the accused

Adv B: we know rudi was asleep when attacked, martin and other members could not have had opportunity to stab the accused, so then who stabbed the accused

Adv B: so even if court finds some were self inflicted then the possibility of unknown assailants have not been excluded as the stab wounds were possibly not self inflicted

Adv B: complete absence of Marli's DNA on the head of the axe, that does not exclude the possibility of unknown assailants in fact it opens the door for possibility of presence of unknown assailants
 
[video=youtube;moUdSfxhhAM]https://www.youtube.com/watch?v=moUdSfxhhAM[/video]
 
https://twitter.com/Traceyams

Adv B: have regard to the evidence that an alarm was triggered on the fence that night- it does not exclude the possibility of unknown assailants

Judge Desai: evidence of Wyngaard was that he came the next morning and during the course of the morning he inspected the perimeter fence

Judge Desai listen to the tape it is clear evidence that he inspected the entire fence the next day

Judge Desai I am only saying that he did inspect the evidence not dealing with possibilities and exclusions

Adv B: we are saying there hasn't been a single aspect presented by the state which clearly excludes the possibility of an unknown assailant

Adv B: access to the house easy, evidence shows windows open, the study lights were on

Judge Desai: is this unknown assailant looking for one member or is he hell bent on attacking the entire family
 
https://twitter.com/Traceyams

Adv B: we simply do not know and with respect we arent obliged to give reasons, but if this unknown assailant entered house, went up the stairs, the boys' room is the first room they would find

Adv B: we dont know what he was doing there

Judge Desai: lets speculate, either a killer that just wants to kill, or he hates the family or carrying out a vendetta or fortuisly there and looking for another house?

Adv B: ok lets look at it, people come on the estate they dont know about the estate they find a house thats easy to enter- vanbreda house, the windows are open you can see it from the street, easy access they go in

Adv B: the drawers and cupboard was open, so they look through the drawers, one goes upstairs he comes across the first bedroom looks in and he sees rudi in his bed, maybe rudi wakes up he starts attacking him

Botha going through the story again, asks is it so impossible it improbable?
 
https://twitter.com/ajnarsee

J Desai: in this situation here, nobody makes a noise, or shouts or makes a scene?
B: Rudi would not shout for help because he was asleep, my client shouted for help, his mother Made some noise my client conceded that

B: the fact that the family member's were attacked by the son, would they have not mad noise, is that what you are suggesting?

J Desai: why didn't he second attacker come to the help of the first one?
They came to "soek n gelukkie" but left without it, killing everyone, it's unprecedented

J Desai: so the unknown assailant was in a killing mission to kill everybody?
B: we don't know, on my clients version he was on a mission to attack in the beginning

J Desai: lets speculate for a second. Here is a deranged killer on a mission or he dislikes the whole van Breda family. Tell me what are the probabilities
 
https://twitter.com/Traceyams

B: my client hears it and calls for father who runs in he attacks father and the attacker then goes out of the room attacks his mother and returns to the room as he knows my client is still there my client fights him and disarms him and he runs out

Judge Desai: 4 people in the house nobody calls for help? Adv B thats not the evidence, my client shouted rudi was sleeping he coudn't shout, my client says his mom may have shouted he cant recall

Judge Desai: why wouldnt even the first attacker call for help from the second attacker?

Judge Desai: is it probable assailant comes there everyone is attacked nobody calls for help, your version postulates them searching the drawers but they dont take anything from the house Adv B: but they needed to get out?

Adv B: its not our version there was no cry for help, he cried for help, he can't recall if mother cried for help, thinks that she likely did
 
https://twitter.com/Traceyams @CapeTownEtc #vanbreda

Judge Desai: a family of 4 the first person that sees an intruder would raise mayhem

Adv B: but my client cried for help thats exactly what he did but its not for the defence to prove that version it is for the state to prove that version is not reasonably possibly true

Judge Desai but if the version is not reasonably possibly true then that causes problems

Adv B: I am submitting on totality of the evidence nothing has been presented by the state that excludes my clients version as being reasonably possibly true

Judge Desai: Butler concession he made, he argued that accused was acting under extreme hunger/food deprivation, he conceded that he had over stated his case
 
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