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

[PrimeSuspect]

YES! Make him reword the question, put Botha on the hop!

 

[JudgeJudi]

Botha goes back to SOP on H-stick testing. It says the indication is that blood may be present. Not conclusive.

Exhibit 117. H-stick was used to check for possible presence of blood.
Botha asks where the expiry date is. Nel says it's in the case file.

Now says she can't recall if the expiry date was included in the documents requested by the defence.

She has it with her, she says.

Nel says they don't keep them.
Asked if they take any photos of it. No, Nel says.

In SOP it says they should, Botha says.
Nel asks where it says that in the SOP

Botha asks if she says that this isn't prescribed in the SOPs.
Nel says she documents her positive result by writing it down.

Record of the test is her writing it down, Nel says.

Botha asks how defence can verify with their own experts,
Nel says if the swab is still available.

Is it, Botha asks.
No.

No way to verify results? Botha asks.
No, Nel says.

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

 

[JudgeJudi]

If expiry date not recorded, that means they are not complying with SOP. Yes, Nel says

7 February 2015 - date of test

Swab guard wasn't sealed. It should have been sealed. The exhibit bag was sealed, Nel says.

Botha concludes cross examination.

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

 

[PrimeSuspect]

https://twitter.com/Traceyams

Nel: I document the positive results. The sentence you are referring to re drawing or exhibit, Nel reads it

Nel: The records of the test is me writing the result

Botha: How do we as the defence test thsi result? Nel: if its been through the DNA process, there is no way of verifiying result

Nel: H sticks will change colour over time so to keep the H sticks over time wont help. Botha responds, but a photograph

B: you could have shown us a photograph, Nel thats true

B: now dealing with SOP requiring expiry date to be recorded. Nel agrees

Botha: the date you tested for blood? Nel: shows the date reflected on the form, 07.02.2015

B: We know the swab iro 117 was not sealed. Nel:thats correct but the evidence bag containing the swab guard wasnt sealed
Botha finishes his cross examination. Galloway starts re-exam

Galloway: You indicated that the tests you did was presumptive what is the results irt DNA

Only the lot number of the H-stick is recorded not the expiry date


https://twitter.com/AJGMolyneaux

B asks if Nel kept the hemastix test and if she took a photo of test.Nel says no.B comes back hard saying she didn't follow SOPs

Nel now reads the SOP out to B and says she did follow SOP as she wrote down her findings. B asks how defense can verify evidence?

Nel says they cannot do their own tests as the evidence is gone after DNA test.

Botha says Nel should have taken photograph of hemastix test with green colour on it for them to look at.

Botha is attacking 2 aspects of the important shower blood evidence:1)no expiry date on defenses report 2)no photograph

B now turns to 3rd aspect which is important: the swab guard was not sealed. Nel: Bag was sealed & other swab in bag was sealed.

Botha is finished his questioning. Galloway stands

G: these are just presumptive tests you do correct? Nel: correct.

G: So the DNA analysis is a more complete test? Nel: yes that is true.

Botha now asks for the report on sample 117. This is the hepastix test of shower 'blood'. No expiry date of test is on report.

 

[JudgeJudi]

Expiry date of H-sticks not listed. Supposed to be according to SOPs.

Statements handed in from vehicles which drove into De Zalze night of the murders. Confirms they had driven onto the premises.

Galloway says a statement by Dr Marais, saying he took a reference sample from Marli, accepted into evidence.

Statement by Dr Marius Smallsmith cites injuries sustained by Marli accepted into evidence.

Galloway says no further witnesses available for today.
Next witness will be available tomorrow.

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

The wheels of justice turn ever so slowly in SA.

 

[PrimeSuspect]

https://twitter.com/Traceyams

Galloway has no further witnesses for today but we have 213 statements deposed to, defence have no objection to these statements

SUmmary page refers to 10 statements refer to the video footage earlier mentioned of vehicles who entered the estate

Galloway: it is statements of drivers confirming it was them that entered the estate

G: it is statements confirming that the evidence containing the shoes, were there shoes

Botha: sec 213 affidavits pertains to 2 gentlemen drivers of buses, newspaper delivery. BB4-BBB10 pertains to first responders and the handing over of their footwear as evidence. Judge Desai admits these affidavits as evidence

Galloway hands up Dr Marais statement that he took reference blood sample from Marli

G: next is a report drafted by Dr Marli Smallsmith siting the injuries sustained by Marli van Breda

The document citing Marli's injuries is not to be made public Judge Desai warns. Defence don't object to this report

Galloway: No more witness here for today, only 1 more witness for this week that will be here tomorrow

Galloway: Next week will be the blood splatter expert who will testify for the state.

Postponed till 10am tomorrow morning


https://twitter.com/AJGMolyneaux

Galloway says there are no further witnesses for today.

Galloway instead hands in report on video footage of vehicles that entered estate.Drivers of those vehicles confirmed it was them.

The report also has testimony of first responders stating that their shoes were tested and matched the shoe prints found at house.

Another exhibit entered: Doctor's report of reference samples taken from Marli for DNA testing.

Another exhibiti entered of injuries sustained to Marli. Not to be made public. Judge tells press to not report on this doc.

Galloway restates no more witnesses for today.There will be witness tomorrow. Next week blood splatter analyst testifies.

NB to note. The contentious issue of whether blood was in fact found in the shower is being questioned. The sample dealing with.. this evidence (117). The swab guard was NOT sealed (huge). But the hepastix test turned green indicating blood.

Blood sent to DNA testing which found that there was possibly 3 people's blood (mom, brother & henri) found. But that is also being questioned.

 

[PrimeSuspect]

Phewwww.

If the state can't prove HvB had a shower, will that be a problem?

 

[Interested Bystander]

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

BIB

Botha seems to be grasping at straws. From this interaction (first BIB) it seems as though he was hoping to prove the lab kits were out of date. Desperate is as desperate does. First BIB.

 

[Interested Bystander]

Phewwww.

If the state can't prove HvB had a shower, will that be a problem?

I would think not as there is so much other DNA evidence that should convict him. However, Botha will attempt to go for the kill on one sample not being quite was it was thought to be. It is a pity he is not having some of the DNA tests redone by another lab but I think we all know why.

 

[Tortoise]

I wonder if Marli is going to be a hostile witness for the state. They appear to be tip-toeing around her.

 

[PrimeSuspect]

Hi everybody :wave: Pull up a chair and enjoy these treats!

As always, today's trial will begin whenever and last for who knows? We'll get through this somehow, justice for Martin, Teresa, Rudi and Marli.

 

[PrimeSuspect]

https://twitter.com/AJGMolyneaux

Welcome to day 34. We are expecting an interesting day with investigating officer Appollis taking the stand. Stay tuned ��✌��




NB to note (as well): the presumptive blood test is called hemastix...NOT 'hepastix' ����

 

[L2L]

Hi everybody :wave: Pull up a chair and enjoy these treats!

As always, today's trial will begin whenever and last for who knows? We'll get through this somehow, justice for Martin, Teresa, Rudi and Marli.

Prime, thank you! Easy to pull up a chair with goodies even more delicious than yesterday's! Could be a problem getting up from the chair though!

 

[PrimeSuspect]

https://twitter.com/ajnarsee

View attachment 121768 View attachment 121769 View attachment 121770

Investigating officer Marlon Appollis is expected to testify this morning

 

[PrimeSuspect]

Prime, thank you! Easy to pull up a chair with goodies even more delicious than yesterday's! Could be a problem getting up from the chair though!

Haha

 

[Really?]

Hi everybody :wave: Pull up a chair and enjoy these treats!

As always, today's trial will begin whenever and last for who knows? We'll get through this somehow, justice for Martin, Teresa, Rudi and Marli.

Yum yum.....thanks :gathering:

 

[JudgeJudi]

Prime, Tracey has started posting

 

[PrimeSuspect]

https://twitter.com/Traceyams

Appollis is the investigating officer for the Van Breda matter

Const. Martin was the previous investigating officer till it was handed to Appollis

Due to the matter being a "big" matter complex, a team of officers were tasked with working on the case

Appollis was on the crime scene that day. Appollis was tasked with ensuring Marli was ok

Appollis went with Marli to the Stellenbosch hospital and was there when they transferred to Somerset West

G: facts are that the crimes were committed in security estate? A: yes G and there were access cards to estate? A: yes

G: After the crime did you collect all the access cards A yes one was with Jahn and one was with family friend the rest inside home

G: Rossouw told the court that there was record of certain vehicles that went in and out of the estate did you follow that up?

 

[PrimeSuspect]

[video=youtube;LopLfIuFarg]https://www.youtube.com/watch?v=LopLfIuFarg[/video]

 

[PrimeSuspect]

https://twitter.com/Traceyams

A: yes I did I interviewed them and all those vehicles have been accounted for

G: James Rheede Jahn testified that he was asked for his alibi?

A: yes, the cellphone records showed messages between him and Marli so that is why we followed up

A: we confirmed he was at home that night,his cellphone records corroborated that he was at home and he went to school next morning

A:we took all the family members cellphones and investigated them

A: The only strange message I saw was the one where James said he wishes he could kill her family thats why the investigated him


https://twitter.com/AJGMolyneaux

Appollis says his main task for that fateful day of the murder was to make sure Marli was taken to hospital&cared for. #

We move to Marlis ex-bf Jean. Appollis investigated Jean's cellphone records&whereabouts on morning of murders. J was at home.

Now we deal with 'that' WhatsApp message 'I wish I could kill your whole family' -Appollis says that's why they investigated him.