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

[Interested Bystander]

Desai is trying hard to elucidate a reason for leniency in his sentence but it seems HvB is not prepared to offer any explanations for the murders and maintains his innocence.

 

[L2L]

JJ, once again thank you for your outstanding reporting.

 

[Fluffykins]

Marli asked that her statement not be handed up in court

Adv G: refers court to interests of society, trite law that sentencing too lightly can be just as bad as sentencing too heavily. By imposing the appropriate sentences shown to restore order in community

Adv G: even if there were no minimum sentences a sentence of life imprisonment would be appropriate. The attempted murder of Marli should be given the same sentence, refers to similarity of wounds, attack and intent

Adv G: accused remained on the phone for a lengthy period of time without giving her any medical attention or even comforting her, the attack on Marli is similar to the attack on the deceased members she survived against odds

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Nick van der Leek has an excellent front row seat (guy in blue T-shirt)

I see 3 life sentences coming up.

I hope you're right about the 3 life sentences, JJ! He deserves no less.

Can you shed any light on Marli asking that her statement "not be handed up in court?" I would really like to know what that means.

 

[JudgeJudi]

It seems that Desai will have all 5 sentences served concurrently. In other words 25 years. HvB would be eligible to apply for parole when he's 48!!!

In 2004 the Constitutional Court held that a prisoner is entitled to be considered for parole by the Department of Correctional Services once he has served at least 25 years of his sentence.

 

[Interested Bystander]

I wonder whether the fact that HvB refuses to give any explanation that would mitigate his sentence infers that there will be an appeal?

 

[Interested Bystander]

Thanks JJ. Brilliant coverage as per usual

 

[LouP1209]

Thanks JJ. Brilliant coverage as per usual

Seconded!!

 

[JudgeJudi]

I hope you're right about the 3 life sentences, JJ! He deserves no less.

Can you shed any light on Marli asking that her statement "not be handed up in court?" I would really like to know what that means.

I knew that the 3 life sentences would probably be served concurrently.

My calculation was:

Murders x 3 @ 25 years each but served concurrently = 25 years
Attempted murder @ 15 years (as it was a hair's breadth away from being fatal)
Defeating the ends of justice to run concurrently with the attempted murder.

I thought the sentence for attempted murder would be added to the 25 years which would have seen a total sentence 40 years.

Didn't Desai say something about all sentences would run concurrently?

In 2004 the Constitutional Court held that a prisoner is entitled to be considered for parole by the Department of Correctional Services once he has served at least 25 years of his sentence.

This means HvB will be eligible to apply for parole when he's 48!!! I'm really not happy at all. If my calculation was correct, he would be 63. Big difference.

 

[JudgeJudi]

Judge Desai: if I impose one life sentence then all other sentences automatically run concurrently

Judge Desai did say this. I didn't know that and will be absolutely disgusted if this happens. Three absolutely brutal murders and almost a fourth and he gets 25 years. I'm ready to scream. Speechless.

 

[LouP1209]

Judge Desai did say this. I didn't know that and will be absolutely disgusted if this happens. Three absolutely brutal murders and almost a fourth and he gets 25 years. I'm ready to scream. Speechless.

With Marli having somehow survived I don't think he should ever walk the streets again

 

[Tortoise]

They can argue semantics as long as they like, but he was not a boy, he was a man, who murdered the people who loved him to get their money. Money which he had not earned. It was not done in a fit of rage because he was angry at one person. He is a complete sociopath.

I can't get over the fact that the word harsh would even enter someone's vocabulary in a case such as this.

Having watched this morning's hearing I think J Desai was stuck on that aspect too, the implications of this case in terms of the perpetrator as an individual and what he did mean that he must consider whether he will ever be fit for release.

He wasn't even on drugs, he had nothing inside him that would stop him killing the people who loved and trusted him in the worst way imaginable. But he wasn't out of his mind, he googled and phoned his g/friend, he moved Sasha, he didn't axe the first responders, he could handle himself. He is made of ice, there is nothing to save, or to elicit mercy, his emotions towards his uncles and grandmother are a false pretense. I don't actually believe in the death penalty, but in this case I don't believe in second chances either, he has forfeited the right to ever live a free man. Don't give me harsh Traceyams.

We can't say that this was about money. If I had to guess I'd say it was about control and pure psychopathy.

 

[Fluffykins]

Well if he still maintains his innocence, then there's no remorse. And if there's no remorse, wouldn't that count against him being released?

Totally sympathise with you wanting to scream, JJ. I'm with LouP in thinking he should never be released.

 

[Fluffykins]

Judge Desai did say this. I didn't know that and will be absolutely disgusted if this happens. Three absolutely brutal murders and almost a fourth and he gets 25 years. I'm ready to scream. Speechless.

So that's like 8 years for each of the family members he killed, and 1 year for the one he almost killed.

How wrong is that.

 

[Tortoise]

At around 1:05:00 in recording;

Desai: Mr Botha it may not be of great moment today when I sentence the accused, but it may be important IF and when he's ultimately considered for parole. Do I give one life sentence, do I give two life sentences..? those are factors determined, the factors to be taken into account when deciding on parole, what's your submission in that regard?

Botha is unable to assist the court.

 

[JudgeJudi]

I wonder whether the fact that HvB refuses to give any explanation that would mitigate his sentence infers that there will be an appeal?

Until I read the summary of judgment, I always believed there would be an appeal. It was a very powerful document and covered so many aspects. However, the actual judgment is some 400 pages long and obviously delves into great detail and probably covers other pieces of the puzzle that played a lesser part in him reaching his decision. From that point on I thought Botha would reach the conclusion that the chances of a successful appeal were remote and he wouldn't proceed. We shall see.

 

[JudgeJudi]

This was an interesting little exchange:

Adv B: was not sure of this as he noted Guilty of murder. Adv B: but the problem is the word pre-meditated only appeared once in the judgment

Judge Desai: no the finding was that it was a planned murder throughout the judgment referred to as a planned murder to make any other inference is incorrect.

 

[Fluffykins]

This was an interesting little exchange:

Adv B: was not sure of this as he noted Guilty of murder. Adv B: but the problem is the word pre-meditated only appeared once in the judgment

Judge Desai: no the finding was that it was a planned murder throughout the judgment referred to as a planned murder to make any other inference is incorrect.

My first thought, when Botha said the *problem* is that the word "premeditated" only appeared once in the judgment, was that it was just another example of him clutching at straws. As in, it only came up once in the judgment so surely it can't be all that important?

Much and all as I detest the man for the low tactics he stoops to, I have to admit to a certain grudging regard for his tenacious protection of his client; the way he tries to poke holes in anything that doesn't support the HvB version.

I guess what I'm trying to say is that if ever I went berserk and attacked someone - not that that is ever going to happen, but just suppose it did - I'd really appreciate having a Piet Botha on my side.

 

[JudgeJudi]

Can you shed any light on Marli asking that her statement "not be handed up in court?" I would really like to know what that means.

Galloway: There was a consultation between us and Marli van Breda and her counsel M’Lord and in an attempt to protect her privacy M’Lord, there was a wish expressed that we do not hand in her victim impact statement.

Very enlightening ... not. As we don't know the contents of her statement, we can only speculate. I'd like to know how it would affect her privacy.

 

[JudgeJudi]

The State's Heads of Argument on Sentence

Van Breda STATE Heads of Argument Sentence | Crime & Justice | Crimes

 

[JudgeJudi]

For those who are unfamiliar with SA law, this well-written article explains how Desai will determine HvB's sentence.

The 'Triad of Zinn': How Judge Desai will determine Henri van Breda's sentence