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

[JudgeJudi]

Marli van Breda won't testify in brother's trial

Marli van Breda will not testify for the State in the triple murder trial of her brother.

The prosecution is expected to next week wrap up their case against the 22-year-old middle child of Martin and Teresa van Breda, accused of killing his parents and brother and attempting to murder his teenage sister two years ago.

Although the now 18-year-old was included on its witness list, she will not testify as she has not regained her memory. She has not yet been seen attending the trial.

The State's final witness, blood spatter analyst Captain Marius Joubert, will take to the stand on Monday.

http://www.news24.com/SouthAfrica/N...in-van-breda-trial-to-take-the-stand-20170821

 

[JudgeJudi]

This is looking ominous. Joubert is not yet in court.

 

[L2L]

This is looking ominous. Joubert is not yet in court.

Still ill, I wonder? Not another postponement before morning tea!

 

[PrimeSuspect]

https://twitter.com/Traceyams

State requesting a further pp, to call the last witness in the states case. The witness is still ill

Galloway spoke with witnesses Doctor this morning who advised hopefully 2 weeks should be sufficient

Galloway the court isn't available in 2 weeks, suggested that we postpone to 11 September

Adv B addresses the court on the postponement. Says we were in this same position last Monday, only informed on Saturday

that witness would not be available today, now we have been told he wont be here all week

Adv B: we have incurred the cost of flying our witness here and he has changed his schedules

B: we have incurred these costs, we can't recuperate, my client is running out of funds, we have other matters too

B: the fact that this is high profile matter is neither here nor there is it in the interest of justice

B: while it is not the states fault he has fallen ill it is also not my clients fault, we told the state we would oppose this postponement

 

[PrimeSuspect]

https://twitter.com/Traceyams

B: Implore your lordship, should you grant postponement there must be finality in this matter

Desai would like to consider courts position in respect of this application for postponement in light of it being 2nd occasion


(Defence are now in a hurry, funds running out? So Botha wants it wrapped up immediately?) :fishy:

 

[Tortoise]

How strange. What are the state supposed to do about it?

 

[L2L]

Can he be called at a later date?

 

[PrimeSuspect]

https://twitter.com/Traceyams

Desai asks for an adjourment to 11h30 to consider the states application for a postponement which has been opposed by the defence

 

[JudgeJudi]

First, I don't believe he's running out of funds.
Second, his counsel have earned so much already that they can and should work pro bono for the remainder of the trial.

Third, I've never, repeat never, heard of anything like this.

Barry Roux was in the same position. Oldwadge dropped out because funds had run out. It would be positively outrageous if this trial was aborted at this stage.

 

[Tortoise]

What would they do, just for instance, if the witness was unable to testify ever, say he had an accident or died. Could another witness be called to testify using his reports?

 

[Fluffykins]

https://twitter.com/Traceyams

B: Implore your lordship, should you grant postponement there must be finality in this matter

Desai would like to consider courts position in respect of this application for postponement in light of it being 2nd occasion


(Defence are now in a hurry, funds running out? So Botha wants it wrapped up immediately?) :fishy:

Bit rich, Botha wanting to hurry it along!

 

[PrimeSuspect]

First, I don't believe he's running out of funds.
Second, his counsel have earned so much already that they can and should work pro bono for the remainder of the trial.

Third, I've never, repeat never, heard of anything like this.

Barry Roux was in the same position. Oldwadge dropped out because funds had run out. It would be positively outrageous if this trial was aborted at this stage.

You're making me sweat JJ. Aborted?

 

[Tortoise]

Desai should tell the defence to open their case if they want something to do this week.

 

[Fluffykins]

Desai should tell the defence to open their case if they want something to do this week.

If that's within the rules, seems to me it would be the sensible thing to do.

 

[PrimeSuspect]

I can't believe this, will try and find an answer. :lookingitup:

 

[JudgeJudi]

One final thing I forgot to mention. Does anyone remember the Menendez brothers in the US? They murdered both their parents who were extremely wealthy. They started spending some of the inheritance which was worth $US14.5 million until the point where they were charged with the murders. There were three trials followed by several appeals.

IIRC, ultimately one of the brothers made a final appeal but by this time virtually all the money had been used up. The end result - a public defender took over, which equates to the public paying for the remainder.

 

[PrimeSuspect]

How about they use his bail money and let him sit it out in prison? I know, nasty right?

 

[JudgeJudi]

Sorry I can't answer your questions because I've never come across anything like this. It's certainly not unusual for witnesses to fall ill, or jurors for that matter. I got the distinct impression that Botha wants the trial to end. If that's what he wants, I don't believe it will happen. I'm sure Desai will make some suggestions.

 

[L2L]

One final thing I forgot to mention. Does anyone remember the Menendez brothers in the US? They murdered both their parents who were extremely wealthy. They started spending some of the inheritance which was worth $US14.5 million until the point where they were charged with the murders. There were three trials followed by several appeals.

IIRC, ultimately one of the brothers made a final appeal but by this time virtually all the money had been used up. The end result - a public defender took over, which equates to the public paying for the remainder.

Do you think that's where this is heading, JJ?

 

[JudgeJudi]

Desai says the nature of his illness was shared in chambers.

Adv Galloway says should he not be fit to stand trial, they will "achieve some other means".

Two weeks will be enough for the witness to recover, but he has another case next week. The evidence he will be giving is circumstantial evidence, Galloway says.

Advocate Botha says defence has booked their expert, Mr Steyl, who flew in from KZN. Incurred costs for him to be present.

Galloway told him on Saturday that Joubert wouldn't be available today. Botha says his client is fast running out of funds. The case is costing him a lot.

Botha says it's not the witnesses' fault he is ill, but it's also not his client's fault, Botha says.

Desai adjourns to weigh up the options. Expected to give his decision at 11:30

http://www.news24.com/SouthAfrica/N...in-van-breda-trial-to-take-the-stand-20170821