South Africa - Martin, 55, Theresa, 54, Rudi van Breda, 22, murdered, 26 Jan 2015 #4

[JudgeJudi]

How many attackers did you see that day? At least one, #VanBreda says. As far as he knows, same person who went out of room, came back in.

VanBreda says he heard other voices. Maintains at least one attacker. Wouldn't be able to tell if same person or not.

Why not grab and exit room, if Rudi #VanBreda sleeping and Henri in loo? He doesn't know.

Desai asks if Rudi targeted. Henri: Appears so.

Galloway asks for demonstration of how attacker attacked Rudi #VanBreda. Exhibits, wooden replicas put on table. Desai wants to check first.

https://twitter.com/TeamNews24

 

[JudgeJudi]

VanBreda given the axe. He explains Rudi was lying on bed, attacker angled between beds, swinging axe on Rudi. Henri was behind attacker.

VanBreda says he tried to avoid looking at post mortem reports. Never saw attacker use a knife on Rudi.

VanBreda can't recall if he changed position or stayed in that corner of the room during attack. He says he didn't stay in the bathroom.

VanBreda says he didn't see the attacker noticing him until he eventually came at him. He says he shouted, so attacker must've been aware.

His shouts for help didn't seem to distract attacker, #VanBreda says. Room not big, so he wouldn't be that far from you, Galloway says.

https://twitter.com/TeamNews24

 

[JudgeJudi]

He can't recall exactly what noise he made, #VanBreda says. Random shout, which appeared to attract his father's attention.

Why not overpower together, Desai asks? I wish we did, #VanBreda says.
Why didn't you try to protect your brother? Too scared, Henri mumbles.

Why not join your father and come at attacker from behind if he was ignoring you, Galloway asks? I was too scared, #VanBreda says again.

https://twitter.com/TeamNews24

Tea adjournment

 

[PrimeSuspect]

https://twitter.com/ajnarsee

H: as far as I recall it was the same person who left and came back into the room

H: again says atleast one....

G: then your memory is fallible. H: anyone who saw what I saw would say that

J Desai: so the intruder specifically targeted Rudi? Can you think of any reason?

G: so during the attack on your family it was the same attacker and same weapon?
H: correct

G: can you demonstrate the manner in which the attack was executed on your brother? (Brings out the Axe)

Originals and replicas of Axe and knifes taken out in court

H: explains but does not demonstrate just yet

H: demonstrates a swinging motion from above his head, across bringing down on his brother

H: I tried to avoid looking at Post Mortem reports

G: you never observed how the attacker used a knife in Rudi?
H: no. Also not sure of my exact position

G: did the attacker notice you in the room? H:the attacker didn't notice him and until he attacked

G: the sounds you made didn't distract him from attacking Rudi? H: No

 

[PrimeSuspect]

https://twitter.com/HiRezLife

Big moment. Desai: So the intruder specifically targetted Rudi (1st, in bed, while asleep). "It appears so." Yes. Yes it does.

Desai examining wooden replicas of exhibits. Henri given replica axe. After yesterdays nudge, I'm like thank god not actual axe!

Axe in front of Henri while he testifies - Galloway trying to visually associate the 23 year old with the murder weapon.

Henri picks up axe and hands it to someone. Wants to get rid of it.

 

[JudgeJudi]

Galloway really tries to pin HvB down where he and the intruder are standing. The intruder is between the beds, facing Rudi, and HvB is behind the intruder. HvB does a random shout which immediately brings Martin into the room.

As we now know, Martin throws himself over Rudi and is hit several times on the head. Meanwhile HvB remains where he is, watching. Once Martin has been disposed of, the attacker leaves the room and attacks Teresa and Marli who are in the hallway. HvB is still behind the intruder.

Wouldn't you think the intruder would attack HvB next after Martin? Why would he enter the hallway to attack 2 women leaving a male behind him in the bedroom or toilet. This makes no sense whatsoever.

 

[PrimeSuspect]

https://twitter.com/CapeTownEtc

G: How many did you see at a time?
H: One at a time, one person left and he came back into the room.

G: This person executed the same type of attack on all your family members? H: Correct.

G: And the attack on your brother, you said he was asleep, he attacked him with the axe? H: Correct.

Judge feels replica axe to be used in demonstration.

H: The attacker was standing between the two beds, attacker behind, swinging the axe down.

G: It is a swinging motion, somewhat to the side.
H: Yes. Not that it is a representation to every movement he made.

G: It's not that the attacked changed his position?
H: He has different movements.

G: Did you observe the attacker using the knife on Rudi?
H: No

H: I stayed in that corner of the room. G: You didn't stay in the bathroom? H: Yes.

G: It attracted the attention of your father?
H: Correct.

G: You shouted for help, your father is down the passage. He moves towards the attacker?
H: he went for the attacker

G: So you not alone, what didn't you join your father and come at him from behind? H: I was too scared.

Adjorned for tea.


https://twitter.com/HiRezLife

#VanBreda says called for help "in one way or another" the moment "attacker" attacked Henri. Attacker ignores Henri, attacks everyone else.


https://twitter.com/AJGMolyneaux

Henri demonstrates how the attacker axed his brother Rudi! He swings axe downward but at a diagonal angle, not straight down.

 

[PrimeSuspect]

https://twitter.com/HiRezLife

We're in recess as Galloway regroups. Henri almost ran out of court. Fewer folks in public gallery and also slightly less media.

Recess. Both advocates stay behind, working hard to outsmart one another.

 

[LouP1209]

Thank you all for the updates, :clap:

 

[PrimeSuspect]

https://twitter.com/CapeTownEtc

Henri Van Breda demonstrates how the attacker axed his brother Rudi.

 

[PrimeSuspect]

https://twitter.com/Traceyams

In court after a busy morning, waiting for the tea break to end and Adv Galloway will continue the cross examination of Henri
Galloway: You said you saw a silhouette of person attacking Rudi - H: correct

G: when your father switched on the lights the attack on rudi was ongoing? H: correct

G: Re your position, strange thing, u aren't sure of exact spot but you were out of bathroom and standing in the corner

G: of the room, where the double doors of balcony was and the foot of your bed? H: correct G: definitely outside bathroom? H: yes

G: ur statement to police "open door slightly" H: its not fair to say that I used that word

G: its in your statement but in your plea you say you opened the door

G: in your statement you say you were afraid to go out of the bathroom? H: those were not my words

H: I said I was scared but not that I was scared to leave the bathroom. G: so where did they get that? H I dont know

Desai: was it a mistranslation? H: maybe Desai: language you were speaking? H: English to an afrikaans officer

H: its a misrepresentation of what I told them

 

[JudgeJudi]

Position after became aware something happening in house, evidence is #VanBreda moved out of the bathroom into corner of room, near balcony.

VanBreda told police he opened door slightly. In plea explanation, said he had opened door. He never said scared to go out of loo, he says.

Made it up, Desai asks? Mistranslation, #VanBreda reckons. Afrikaans speaking officer took statement. Misrepresentation, he now says.

VanBreda plea explanation says he initially stood frozen, can't say if he remained in same position. Doesn't mention he left bathroom.

[HvB is stuttering now. Every time there's a discrepancy between his statement and his testimony, he says it was a misinterpretation. Hahahaha. He would say that]

Adv Botha objects,saying not a recent fabrication. Galloway says he told police he remained in bathroom. #VanBreda: not intended impression.

https://twitter.com/TeamNews24

 

[PrimeSuspect]

https://twitter.com/Traceyams

G: You were definitely outside the bathroom? H: yes. G in your plea you say you opened the bathroom door you didnt say you exited?

G: so today you are sure that you did exit the bathroom? H: yes based on what i can remember seeing

G: this is the first time you have stated you exited the bathroom B: objects re evidence put to Joubert by him

G: in statement you remain in the bathroom your plea creates impression that u remained in the bathroom?H: not intended impression

H: Yes I must have been, there would not have been space for me to see and stand behind bathroom door


https://twitter.com/HiRezLife

"That was not intended to be the impression..." Once again, a fascinating turn of phrase.

 

[PrimeSuspect]

https://twitter.com/Traceyams

G: can u now remember whether u remained in that corner during events until the attacker left the first time?

H: I still remember seeing the room from that angle, cant be sure where my body was

G: so as far as you remember you remained in that little corner? H: correct

G: so not totally correct in your plea when you say you went out into room when attacker went to your mother? H: no

Ignore last question says Desai- not accurate statement to witness


https://twitter.com/HiRezLife

Henri wearing his most extravagant tie today: starry starry night. Can't express how inappropriate this is. It's a triple homicide

 

[JudgeJudi]

Wouldnt be enough space to be in bathroom and see what was going on in room, #VanBreda explains.

Blood spatter on him means blood spatter in that vicinity where he stood would be expected, Galloway says.

VanBreda remembers seeing room from angle in that corner. He remained in that corner, he agrees.

So not correct that you left bathroom into room when attacker went for your mother? #VanBreda says not correct.

When did attack on Rudi stop? #VanBreda says when the lights came on and Martin entered room.

Attacker moved slightly to his left, toward foot of bed, #VanBreda says. Galloway asks if Henri screamed during this attack? Can't recall.

https://twitter.com/TeamNews24

Shocking audio

 

[PrimeSuspect]

https://twitter.com/Traceyams

G: your father coming into the room made the attack on your brother stop? H: it appeared so yes

G: did the attacker remain in the same position when he attacked father? H:no he stepped to the side, left, toward foot of bed

G: Your father now arrives and you see person attacking father? Did u scream again? H: not that I recall

H: no as far as my memory serves

G: describing the attacker taking steps to left, is it a change of position or a slight change?

H: I remember he stepping slightly to side at the same time as swinging the axe at my father.G: Big step? H: I didnt see his feet

G: was he still in between the beds? H yes

G: how did he attack your father?

H: he swung the axe from behind him from his right hand side to the front

H: my father was in front of him at the time, facing the bed

 

[PrimeSuspect]

https://twitter.com/Traceyams

G: it was put to Dr Anthony that your father was executed in a rugby tackle motion, hunched over? H: yes

G: were his hands stretched out in front or did he go in with shoulder? H: I am not sure I cant remember his hands being out

G: was he attacking attacker or protecting rudi H: just as likely he was doing either

G: in statement you saw your father jumped on the attacker? H: yes again not my words, the gist of what happened

G: in your plea u say he moved towards, onto the bed and over rudi?H:yes those movements all being the same direction

G: use the same axe in the same manner as he attacked rudi? H:

yes. G:did u ever see him use the knife on your father?
H; no I never saw the knife until the attacker drew it

G: I know you don't like photos but the blows to your dads back are one after each other straight next to each other



https://twitter.com/AJGMolyneaux

Henri says his father was hunched over, in attempt to tackle the attacker, to protect Rudi when he was struck with axe.

H: I didn’t see the knife being used on my dad until the attacker had it in his hands attacking me.

 

[JudgeJudi]

Attacker stepped to side while swinging axe at Martin, #VanBreda says. Still between two beds. Swung axe in chopping motion, down on side.

Martin attempted a tackle. Can't recall where his hands were, #VanBreda says. Trying to attack attacker, likely also trying to protect Rudi.

#VanBreda confirms police statement his father jumped onto attacker. Plea explanation says he moved onto bed and over Rudi. Yes, Henri says.

Galloway says wounds to Martin's head and neck, axe blows parallel to shoulders. How if he hit him as you demonstrated?

VanBreda says first blow was this way. The rest was "up down". Galloway says he previously testified it was same as with Rudi. Disagrees.

https://twitter.com/TeamNews24

 

[PrimeSuspect]

https://twitter.com/Traceyams

G: how would he have made those wounds if he attacked as you have described from the side?

H: the swinging was up and down as I described. G: no you testified it was the same as for rudi

G: you demonstrated it as a swing which was from the right side and coming down on the victim

Desai asks him to demonstrate the difference

Henri is handed the axe and starts hesitating in his speech as soon as he takes it

G: the first motion you described was from right to left downwards sort of side ways


https://twitter.com/AJGMolyneaux

H: the ‘death’ strike that stopped Martin from moving was a sideways swipe of axe. The rest was a downward motion.


https://twitter.com/HiRezLife

Henri meticulously describing and demo-ing precisely how axe murderer executed blows. Very clear on this aspect.

 

[JudgeJudi]

VanBreda handed replica axe again. First blow to Martin was swinging movement. Afterward attacker hit several times down, in front of him.

Galloway says this doesn't fit in with Martin's wounds. Adv Botha objects, says she is not a doctor.

https://twitter.com/TeamNews24