South Africa - Martin, 55, Theresa, 54, Rudi van Breda, 22, murdered, 26 Jan 2015 #3

[PrimeSuspect]

https://twitter.com/Traceyams

B: next is VV8. Botha reads out detail, handwritten notes, exhibit numbers and seals Nel confirms.

Botha; I will now refer to some of the SOP's that you have referred to. B hands up another exhibit

B: SOP analyst only has one chance to examine exhibits this must be optimised Nel: correct

B: analyst must identify themselves on the exhibits examined. Drawing/photo of evidence must be made Nel-correct

B: Record results of examinations, dates, expiry numbers and controls used. Nel: thats correct

B: Reads another SOP "Complete record of chain of custody shall be evident" Nel: correct

B: SOP on H sticks stains and markings to be made

Botha is continuing to read out a number of SOP's which guide the process which Nel is responsible for

Nel is agreeing with all the SOP's but she has noted one that is not for evidence recovery


https://twitter.com/AJGMolyneaux

After a rather long uneventful line of questioning by Botha, we adjourn for tea. B must be leading up to something. See you in 15.

 

[tmar]

While on bail, HvB moved from rented room to rented room with a girlfriend he met last year at the Capsicum Culinary Studio chef school near Cape Town.

He has since dropped out of that course, too.

Which is a pity, because if he does go to prison, being qualified as a jailhouse cook could be an asset.

Providing, of course, the authorities let him anywhere near knives and meat cleavers.

http://www.heraldsun.com.au/news/op...r/news-story/97af4fbfcf5fbc62adf6c1c92cf0bf87

This guy, out on bail, going to parties, moving premises, having girlfriends, yet up for 3 murders????????

??? loads of money buys you a lifestyle, 'no matter what you are suspected of''.

 

[Tortoise]

I feel he is leading up to a bombshell.

 

[JudgeJudi]

Botha refers to SOPs effective from July 2013.

Refers to SOP which says exhibits must be examined optimally due to cost involved.

If ownership of sample or where found is questioned, the io must be contacted and conversation must be recorded.

Of these SOPS are not applicable to evidence recovery, Nel said.

http://www.news24.com/SouthAfrica/N...to-take-the-stand-in-van-breda-trial-20170815

 

[Tortoise]

Tea time. You couldn't make it up.

 

[PrimeSuspect]

This guy, out on bail, going to parties, moving premises, having girlfriends, yet up for 3 murders????????

??? loads of money buys you a lifestyle, 'no matter what you are suspected of''.

Yep, it's infuriating, isn't right!

I feel he is leading up to a bombshell.

Yes indeed Tortoise, he's become so predictable, I hope Galloway prepares Nel, that she can take it in her stride and ask him to clarify before she falters, he relies on the gobsmacked reaction. Of course, hopefully he's got it wrong/mistaken too.

 

[JudgeJudi]

Someone pulled the plug out?

Yep, they needed a bigger one for his mouth.

 

[L2L]

yep, they needed a bigger one for his mouth.

lol!!

 

[PrimeSuspect]

https://twitter.com/Traceyams

Quick break for tea, Botha sounds like he is about to drop a bomb and Nel seems quite timid, she's no Otto thats for sure

 

[tmar]

I think that is the equivalent of :

GBP 520,000
AUD 860,000,
USD 675,000

(all rough estimates)

Wow. So he has this money, and is 'unemployed'.

This is 'family money'!

How can it be used, for his defense, in killing his own family, using their money,
money they worked for!!!

Unbelievable.
Legally, there should be a clause, preventing 'inappropriate use of 'trust' etc.

 

[JudgeJudi]

It sounds as though the money from the sale of the SA house and the Aus house (if it has already been sold) is being held in trust for Marli and Henri. What will happen when he is found guilty?

I am clueless as to what the total costs are likely to be. Any ideas anyone?

See #654 and #660

 

[JudgeJudi]

Wow. So he has this money, and is 'unemployed'.

This is 'family money'!

How can it be used, for his defense, in killing his own family, using their money,
money they worked for!!!

Unbelievable.
Legally, there should be a clause, preventing 'inappropriate use of 'trust' etc.

It is shocking but this is what happens worldwide. If he's found guilty, he won't inherit anything and Marli will inherit in accordance with the terms of Martin's Will. Hopefully she'll actually end up with more than she would otherwise have received.

 

[JudgeJudi]

Submissions section happens after she has completed her task.

Botha pointing out that one of the descriptions (nail scrapings R hand) didn't correlate with exhibit information.

Why write something not contained in exhibit bag?

Nel says it was a pointed swab taken by the doctor under the nail, that's where it comes from. Botha says she assumed (Desai says inferred) this.

Nel says it was according to the type of swab that was used.

Did you check for presence of possible blood?
No, Nel says, some swabs go straight to DNA, they don't do presumptive tests on them.

http://www.news24.com/SouthAfrica/N...to-take-the-stand-in-van-breda-trial-20170815

 

[PrimeSuspect]

https://twitter.com/Traceyams

Nel says that in the exhibit where she wrote "strange drop" she tested it for blood because it looked like blood

B: were u uncertain about them being nail scrapings?

Nel: not I wasnt unsure, this specific kit I have used may times before thats how I knew it was nail swabbings, my experience

Nel: This kit is completed by the doctor.

Botha: if I understand u correctly, the type of swabs are important? Nel: yes

Botha: refers to her report where she dealt with whether blood was present

Nel: thats correct (Nel confirms she was testing for possible blood in those samples)

B: from your affidavit we cant determine when you used Luminol and when you used H sticks

Nel: You wont know that from the affidavit, I believe you can request it from the lab as it has been documented in case file

B: Lets start with H sticks, thats a presumptive test? Nel: Yes. B: possible blood, u only saying a possibility? Nel: yes, not certain






https://twitter.com/AJGMolyneaux

We're back in court and Botha continues his questioning of Nel. Once again he turns to SOPs&evidence protocols

Nel only deals with certain evidence & sends the rest of the evidence she does not test to DNA section. Nail swabs are in question.

 

[JudgeJudi]

What indicated "vremde druppel" on hand that it was blood?

She said it looked like blood that's why it had to be tested. Visual determination.

Inventory form and box didn't indicate that it contained nail scrapings. Nel wrote this because of the type of swab that was used.

Asks why she didn't call IO or doctor to determine if they took nail scrapings.
Her experience with kit meant she knew what the kit had been used for, Nel said.

She examined the exhibits and tested if blood was possibly present.

How do you know if dipstick or luminol used?

Nel says it's documented in case file. Although not in her affidavit.

http://www.news24.com/SouthAfrica/N...to-take-the-stand-in-van-breda-trial-20170815

 

[PrimeSuspect]

https://twitter.com/Traceyams

B: H stick test, use sterilised water, wet it and put H stick on it if it changes from yellow to green? Positive?

Nel: we first take a swab sterile water and we test it where we think the blood is and then we use the H sticks

B: Refers to affidavit. All swabs, use 1 as example, how do u go about testing that swab for possible blood?

Nel: I would take my swab dampen it with sterile water and I rub it on the sample swab and then place my swab on the H sticks

B:I take it you know part of training that H sticks can deliver false positives? Nel: correct, amongst others household cleaning

B:refers Nel to another sample in the exhibit bundle


https://twitter.com/AJGMolyneaux

Botha now asks Nel if some tests can give a false positive? Nel says yes - some household cleaning products can (bleach)

 

[JudgeJudi]

Take a sterile swab, dampen, press area where think blood is, put it on stick and check if it changes colour form yellow to green.

Sticks can give false positive, Botha asks.
Yes, Nel says.

Household products (bleach) can be one of the reason for this.

One of the exhibits (a swabguard) was not sealed, Nel says.

It is supposed to be sealed, she says.

Another evidence number had been changed from an 8 to a 7. Nel says she received it that way.

Swab of shower corner - possible presence of blood was found to be positive.

http://www.news24.com/SouthAfrica/N...to-take-the-stand-in-van-breda-trial-20170815

 

[PrimeSuspect]

https://twitter.com/Traceyams

B: where is the seal with which this exhibit was sealed when you received it? Nel: this exhibit was not sealed

Nel: the exhibit bag was sealed but this swab box inside was not sealed, it is supposed to be sealed

B: refers to a swab where a 7 was written over an 8, Nel states that she received it in this state

B: Envelope says corner of floor of shower, u tested for possible presence of blood and it indicated positive? Nel: thats correct

B: now refers to SOP in Nel's lab which deals with H-sticks testing

B reads SOP which deals with this test, "interpret spotted result with caution"

B: reads the procedures, "within one minute changes colour, it is an indication of presumable blood" Nel confirms

B: Non-conformance, if any deviation occurs, non-conformance must be registered

B: where would we find the expiry date of these H-sticks. Nel: in the case file


https://twitter.com/AJGMolyneaux

Now we turn to a piece of evidence that was unsealed. Nel: Exhibit bag was sealed but swab guard was not sealed.It should be sealed.

We turn to corner of floor of shower evidence(this is the big one).Nel tested for possible presence of blood & it tested positive.

Now Botha takes us to the Hemastix (sic) test. B says a Positive test is green colour. Nel agrees

 

[PrimeSuspect]

Does Botha moonlight as a forensic scientist?

 

[PrimeSuspect]

https://twitter.com/Traceyams

Nel: on the page we display our results we put the specific lot number

B: is the lot number and expiry date recorded? Nel: to be honest I cannot recall

Nel: The section in our case file that reflects the results, its on that page that we have the lot number

Nel: I have the file here with me. Botha will carry on for now and pick that up later

Botha: Did you keep the H-sticks? Nel: No. Neither did we take photographs of the colour of the stick

B: is it your evidence that the SOP's prescribe that you must not take photos of a positive test



https://twitter.com/AJGMolyneaux

Nel says patch stained green after 1 minute leading to her conclusion that the blood is in fact blood.

Botha now asks where the expiry date is for the hemastix test. Nel says she has the report with date here.B wants to move on first.