South Africa - Martin, 55, Theresa, 54, Rudi van Breda, 22, murdered, 26 Jan 2015 #2

[PrimeSuspect]

https://twitter.com/Traceyams

Adv B - but the onus is on the state?

Judge Desai - refers to case law where available witness can take matter further


(Botha is desperately fighting this! If HvB took the stand and told the Judge what happened at the police station, he'd have more of a chance, so why didn't Botha take a chance with HvB, and let him tell his version?! Very telling!)

 

[PrimeSuspect]

https://twitter.com/Traceyams

Adv B: Regarding Malan - no doubt that his version about the t-shirt was a lie

Desai - but uncle said he was wearing a t-shirt how does that mistake impact on nature, its not your case

Judge Desai you say he lied, lie is a harsh word. He was uncertain about dress lie isn't necessary not for me to make that finding

 

[JudgeJudi]

There is a difference between taking a person dressed in pants and shirt to the doctor and police station - that may be how you would treat a witness. To take a person - bloody and injured - dressed only in underwear, that becomes a problem.

He questioned if the police was genuine in their claims that he was being seen as a witness or as a suspect

Their actions don't indicate that they saw him as a witness, Botha says.

According to Sgt Malam, he makes an entry in his pocket book in four lines describing that he is at De Zalze assisting in the investigation. He told the court that he didn't return to the scene.

[Choose not to testify and give your version, then pay the consequences.]



http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-21-20170531

 

[PrimeSuspect]

HvB has been free the whole time since the murders, over 2 years! How are his rights violated?!! Another OP, 'will there even be a trial?!' :baby:

 

[JudgeJudi]

He created impression that he had been present when Henri was questioned, said only left once to eat a sandwich, later said that he had also left to do administrative tasks.

Then we hear - from his pocket book - he actually also went to Blue Downs for investigation of a separate case.

His pocket book doesn't say a single word of him actually being present during questioning.

He argues that Beneke and Adams were the main witnesses. Why not call them to testify? They must have been concerned that their testimonies could have contradicted each other, Botha says.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-21-20170531

This is reminding me of Roux in front of the SCA.

 

[Tortoise]

This is reminding me of Roux in front of the SCA.

I've got that unmistakable lalalalala tune playing in my head. Whinge whinge whine.

 

[Tortoise]

Have they gone to tea already?

 

[Tortoise]

Oh yes, and shamefully I'm still in my pyjamas. Definitely like the OP days.

 

[PrimeSuspect]

Have they gone to tea already?

lol, they probably have and forgot to tell us while we're patiently waiting for J Desai's decision!

 

[L2L]

lol, they probably have and forgot to tell us while we're patiently waiting for J Desai's decision!

Will we get it today though?

 

[PrimeSuspect]

Oh yes, and shamefully I'm still in my pyjamas. Definitely like the OP days.

hahaha this trial definitely gives a deja vu feeling! J Desai, we can only hope is the big difference!!!

 

[PrimeSuspect]

Will we get it today though?

We better! :tantrum:

J Desai doesn't sound convinced of Botha's protests.

 

[Tortoise]

sorry duty calls I have had to step out

https://twitter.com/Traceyams

 

[JudgeJudi]

We are back. Botha says its not up to his client to prove he was a suspect at the time. It's up to the State to prove he was not a suspect.

The problem isn't that Malan made mistakes, it's that he refused to concede that it was his version.

The objective aspects contradicts that he was treated like a victim.

Given the fairly subservient role Sgt Malan played, he said there was a Sgt with him, Adams, who was clearly in charge.

Malan played a fairly minor role. Perhaps one could go as far as saying maybe Malan really thought he was a victim

Being taken to Dr Van Zyl for blood tests to check for blood and alcohol is not the type of tests you conduct on a witness.

On probabilities that he was a suspect: we know he was taken from scene, bloody and injured; taken for DNA still dressed in underpants; his version recorded in communal offices, still dressed in his underpants; his family is not given access to him; his blood is tested and Dr Van Zyl told he is an alleged accused.

Botha finishes arguments.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-21-20170531

 

[JudgeJudi]

Galloway says Sgt Adams was in court yesterday at the request of the defence.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-21-20170531

 

[JudgeJudi]

Desai says the decision will be handed down tomorrow morning.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-21-20170531

 

[PrimeSuspect]

https://twitter.com/AJGMolyneaux

Hello there! I'm back in court but it seems Judge Desai needs some time to decide on the trial within a trial.

Court adjourned until tomorrow morning 10am. Cape Town High Court cases have taken over!

@TimesLIVE


(oh, gee, is this going to be 10 page explanation with the 'yea' or 'nay'!'

 

[Tortoise]

You couldn't make it up. I give up. There is no hope for them.

 

[Tortoise]

Galloway says Sgt Adams was in court yesterday at the request of the defence.

http://www.news24.com/SouthAfrica/News/live-van-breda-axe-murder-trial-day-21-20170531

Interesting!

 

[Tortoise]

So Beneke is the equivalent of OP's Hilton Botha.