South Africa - Martin, 55, Theresa, 54, Rudi van Breda, 22, murdered, 26 Jan 2015 #1

[JudgeJudi]

Botha says he was taught technique is to concentrate on speaking slowly and clearly or else his stutter becomes more severe.

Philander says that sounds reasonable.

Botha - at the beginning of first clip, you heard my client giggle, making you suspicious of a prank call.

Judge Desai says he didn't hear a giggle, he just heard noise.

http://www.news24.com/SouthAfrica/Ne...ay-13-20170517

 

[Tortoise]

Oh my. Judge didn't hear the giggle.

 

[LouP1209]

Good morning, I read about this when it happened but haven't been able to follow the trial reporting due to being at work :gaah:

 

[Tortoise]

welcome LouP

 

[JudgeJudi]

The first clip is played again. Botha asks her to indicate where she heard the giggle.

She indicates she heard it right at the beginning, when he started speaking.

Botha - could it have been something other than a giggle?

Philander - it still sounds like a slight giggle.

Desai - you have categorised it as a giggle.

Philander - that is what it sounded like that day.

http://www.news24.com/SouthAfrica/Ne...ay-13-20170517

 

[Tortoise]

Stand by your guns Philander. We're with you, it was a giggle.

 

[JudgeJudi]

Botha refers to her statement to police.

In that statement, she said during the call, she didn't hear the giggle, but heard it after listening to it again.

Botha asks why she didn't mention it.

Everyone was focused on the second one, Philander says.

Botha - if there is one thing that was clear to you was the first giggle; the reason you thought it was a prank call.

Desai says that was her impression. Botha says it can be interpreted in different ways.

http://www.news24.com/SouthAfrica/Ne...ay-13-20170517

 

[JudgeJudi]

Botha - we now know it wasn't a prank call. Trying to understand what are you trying to convey to the court of the manner in which client spoke to you that day.

Botha asks for the clip to be played again.

Does that sound to you like a calm person, Botha asks.

To me it sound like someone hesitant to even make the call, Philander says.

Botha takes issue that witness created certain impression.

http://www.news24.com/SouthAfrica/Ne...ay-13-20170517

 

[JudgeJudi]

Botha points out Henri asks a question, then pauses where he sighs.

Philander then asked if there was someone else who could speak.

Philander says when people make prank calls, they are normally home alone.

http://www.news24.com/SouthAfrica/Ne...ay-13-20170517


Tracey Stewart @traceyams
We may not have experience of emergency calls but we have life experience says Desai

 

[Interested Bystander]

I knew that I had read something which made me query whether the photo was taken on the day of the murders. The Colonel Stewart had never been given a photo of VdB and it should be sent to him with the hair samples. We know forensics in SA leaves a lot to be desired but it did occur to me that maybe one had not been taken at that time but a little later. We only hear a a very small portion of what is actually said in court. Bring on the TV cameras.

I will put it to bed now.

http://www.capetownetc.com/news/van-breda-trial-day-11-haircuts-contradictions/

Advocate Botha put it to Stewart that had he seen a photo of Henri’s hair at the time, and asked if he would have been immediately able to exclude Henri’s hair as resembling that of the hair found in Marli’s hand, to which Stewart agreed he would have. After noting that it was strange the state did not provide him with a photo, Advocate Botha then persisted ….

 

[JudgeJudi]

Tammy Petersen ‎@TammyPetersen87

Emergency operator Janine Philander maintains that Henri #VanBreda was hesitant but calm. Adv Botha incredulous, says sounded anything but.

Botha - there are number of instances in this clip where he was stuttering

Philander says he sounded like he was thinking about what to say.

She says she doesn't hear a stutter.

http://www.news24.com/SouthAfrica/Ne...ay-13-20170517

 

[JudgeJudi]

Botha says Henri gave her the correct address. She typed it in correctly, then edited it. Botha says she spent all the time on the phone trying to find the correct address.

Right at the beginning, he spelt it and she typed it in. Thereafter you changed it, put in 'tse' at the end. Why, Botha asks.

Philander says it was the address that was picked up on their system, by the telephone number he gave her.

http://www.news24.com/SouthAfrica/Ne...ay-13-20170517

 

[Tortoise]

Botha sounds like a whining child - like his client

 

[JudgeJudi]

Botha says the fact he remained polite to her is counting against him. She says throughout the call he sounded the same. Botha says that is not what he is hearing.

If Henri started shouting at her, it would have taken longer for him to communicate with her. Botha asks if she considered this.

She says if he had started shouting and screaming at her, it wouldn't have taken longer [to respond].

http://www.news24.com/SouthAfrica/Ne...ay-13-20170517

 

[Estelle]

Anthony Molyneaux‏ @AJGMolyneaux 14s14 seconds ago

#VanBreda Henri back in court. Defence advocate Botha begins cross examination of ER Philander. Botha looks ready to go. @TimesLIVE

#VanBreda Botha says Henri [B]had [/B]a severe speech impediment which is why he spoke slowly & calmly. @TimesLIVE

(Where is the proof?)

#VanBreda Botha addresses 'giggle' which Philander said happened on call. @TimesLIVE

#VanBreda Philander says the giggle was a sign that it could be a prank call.

#VanBreda The 'giggle' Philander heard was right at the beginning of Henris call to the ER services. @TimesLIVE

#VanBreda Botha asks Philander if she could concede that it could be something else other than a giggle. P says she thinks its a giggle.

#VanBreda Judge also asks witness if she could concede that it could be something other than a giggle. P just says 'what do you think?'

#VanBreda Botha says what he thinks is not relevant. Botha now moves to P statement made to police.

#VanBreda P's police statement says she didn't hear the giggle when she listened to the recording. But P says the 2nd giggle was what she...

#VanBreda ...was referring to. She didn't mention the 1st giggle in statement. Botha asking why she didn't mention 1st giggle.

#VanBreda Judge says 'the witnesses impressions are her own impressions, we can make our own conclusions.' Botha agrees & moves on.

#VanBreda Public gallery is filled with watchers this morning.

#VanBreda Botha now plays recording of call where he insists there is a stutter. B asks P if she thinks that sounds like someone who is calm?

#VanBreda Judge reminds Botha that P made her impression while sitting in call centre taking emergency calls.

#VanBreda we are listening to first recording with all the misunderstandings & ER services not being able to pick up an address.

#VanBreda Botha is playing this recording to assess if Henri is calm on call.

#VanBreda NOTE: ER Philander or system they use really struggled to pick up this address. It takes more than 20 minutes to send an ambulance.

#VanBreda Henri is explaining that the intruders ran away. They attacked his family. His sister still moving. Please send ambulance.

#VanBreda P sticks to her story that she does not think Henri is stuttering or not calm.

#VanBreda Botha says to P that she is spending all her time trying to find address. She says she couldn't hear the str. name which is why

#VanBreda she took so long to find address. Botha says she took so long because she thought Henri was a prankster i.e she did it on purpose.

#VanBreda P responds that she simply could not find the address.

 

[JudgeJudi]

[I would suggest that nearly all people would be screaming/crying/hysterical ... take your pick ... if they had just witnessed their parents and brother hacked to death with an axe, and a sister barely alive. He sounded like he was giving instructions on how to get to the corner shop]

Botha asks "how on earth" this could that be the case if he was trying to remain calm and she didn't have to spend time to calm him down.

Philander says the way he answered set the tone of the whole call. She remained suspicious throughout.

http://www.news24.com/SouthAfrica/Ne...ay-13-20170517

 

[Tortoise]

The fact is it is her perception at the time that matters, not the defence lawyer's spin on it 2 years later

 

[JudgeJudi]

In conference with ambulance her opinion changed, she monitored the time to see holding on. Checked when started and how long he had taken on the call.

Was it his fault call took so long?

Philander says yes. Normally caller in this type of emergency, sets the tone.


On Wednesday the full '911' call between Henri van Breda, the emergency operator and dispatchers was played in the Western Cape High Court.

Botha - what went wrong?

Philander - no interruption, agitation, he didn't stop me at any time. It's an assault - he didn't bring that back up in any of the conversations.

Botha - he did bring it up a few times. He gave you correct address form the outset - Philander says it was the correct address. Won't show on map because its in a secure complex. Now the system picks it up.



http://www.news24.com/SouthAfrica/Ne...ay-13-20170517

 

[JudgeJudi]

Botha says she didn't pick it up because she spelt in incorrectly.

Botha says while on his mobile, Henri got a GPS location on his phone, which is where he saw their house could be picked up as 10 Allermann Street.

Botha refers to her comment of how she found it strange that he didn't hang up and call back. He says there were chances that he wouldn't have gotten through again as month end is a busy time at the call centre.

Philander says there are 15 operators.

http://www.news24.com/SouthAfrica/Ne...ay-13-20170517

 

[JudgeJudi]

Botha says in his client's mind it didn't make sense to end call as he was already speaking to an operator.

He didn't want to take the chance to put phone down and get through.

Botha referring back to her statement - says she didn't mention the giggle.

In clip, after Henri says family members are "bleeding form the head", a noise is heard. Interpreted as a giggle.

http://www.news24.com/SouthAfrica/Ne...ay-13-20170517