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

[PrimeSuspect]

https://twitter.com/AJGMolyneaux

Galloway begins her day 3 cross examination of Henri #Vanbreda - G opens with security footage of De Zalze estate.


https://twitter.com/ajnarsee

Adv Combrink is here on a pro bono basis to assist the case, Botha says he is not sure if his client will qualify for legal aid...

H: I haven't checked footage of people coming in the estate and if they match attacker

G: what's the first thing the attacker did when he re-enters the room?
H: he laughed

 

[JudgeJudi]

Attacks on each #VanBreda family member was quick, no time lapse or delays.

When assailant entered room, he came at #VanBreda slowly, he testifies. Galloway asks if attack on him was slower? Slower than he expected.

Galloway described info on interaction between him and attacker "blow by blow". #VanBreda doesn't agree. "I gave a detailed account."

VanBreda says he is aware that there are differences between his statement and plea explanation.

https://twitter.com/TeamNews24

 

[PrimeSuspect]

https://twitter.com/AJGMolyneaux

Henri did not watch footage of people and cars entering or leaving estate to try identify the intruders

Galloway and Henri are going through the battle scene between Henri and his attacker.


https://twitter.com/CapeTownEtc

Galloway: Some of the footage of people using access cards, they record your face and your vehicle? Henry: Yes, it does

G: Would you be able to say whether someone could fit the stature of the person you describe that night?
H: Correct, I won't.

G: When the person reentered the room he walked at you slowly?
H: Ok

G:After you disarmed him, you said his attack was slow again, would it be correct to say it was slower than his previous attacks?

H: Slower than I was expecting, not slower than the other attacks.

G: You gave a blow by blow account of the interaction of you and the attacker? H: I don't agree it was a blow-by-blow, it was detailed

G: In a number of differences in your versions, are you aware of the differences. H: yes I am aware there are differences.

G: You say you do not know where he got the knife, in both versions there is an interval in the struggle between the two of you.


https://twitter.com/HiRezLife

"You may have left out a blow here and there." Desai quips with a small smile. Blow by blow not a great choice of phrase by state.

 

[PrimeSuspect]

https://twitter.com/CapeTownEtc

G: In your plea you say you don't know where he got the knife.

H: I didn't observe him pulling the knife. I didn't say I saw when he pulled the knife.

G: In both versions you relay the events that you disarmed him quickly of the axe.
H: Correct.

G: You say you struck him in the right shoulder.
H: yes, correct.


https://twitter.com/AJGMolyneaux

H: I never specifically said I saw him pull out the knife. I said ‘he pulled a knife’ as in ‘pulling a knife on someone’.


https://twitter.com/HiRezLife

Galloway now utilising my speciality: juxtaposing narratives and exposing narrative inconsistencies. Goes to credibility.

 

[PrimeSuspect]

[video=youtube;NplrULqw8xY]https://www.youtube.com/watch?v=NplrULqw8xY[/video]

 

[JudgeJudi]

Who stepped back during the tussle between #VanBreda and attacker also different in police statement and plea explanation.

VanBreda said he was knifed and struck assailant with axe at same time.In police statement, said he was stabbed before he hit man with axe.

Statement said he struck assailant on the back, near right shoulder. #VanBreda said he told police probably closer to back shoulder.

Adv Galloway says in statement impression created little time lapse before knife removed following stabbing. Plea says immediate

[url]https://twitter.com/TeamNews24[/URL]

 

[PrimeSuspect]

https://twitter.com/AJGMolyneaux

H: The battle was all very quick, it happened fast.


https://twitter.com/CapeTownEtc

G: The change in your versions, you now say you immediately drew the knife from your side, that's impossible.

G asks H to demonstrate the attack.


https://twitter.com/ajnarsee

G: requests that Henri demonstrates the attack between him and Sgt Malan to the court

 

[PrimeSuspect]

Botha and Combrink look very uncomfortable during Henri's demonstration! I wonder why? He doesn't explain all those nicks on his chest! :facepalm:

 

[JudgeJudi]

Never said it was stuck, #VanBreda says. "Dr Dempers' experiment showed a far more violent motion than my body was making at that time."

Adv Galloway asks for demonstration of the attack between #VanBreda and intruder. Sgt Malan will play role of attacker.

#VanBreda out of witness box. Malan lifts axe, Henri grabs his hand. He pushes Malan - "he spun away". Malan has knife, blade points down.

VanBreda grabs Malan's hand below wrist. Malan has hand on Henri's wrist (of hand holding axe). Malan tries to cut at him.

VanBreda says knife came between them several times. The movements he makes indicate how he says he was injured in the attack.

[url]https://twitter.com/TeamNews24[/URL]

 

[JudgeJudi]

VanBreda holds axe back to front. Shows how he twisted assailant's arm and hit him on the shoulder, man let go (both arms) and retreated.

VanBreda says man stabbed him then got more power behind his shoulder when he brought axe down.

Fairly sure of the movements. #VanBreda says he thinks he was stronger than the assailant.

Galloway: you basically took the axe from his hand? #VanBreda says yes, and pushed him away as he demonstrated.

VanBreda says he isn't aware of drawing blood. "I obviously hurt him because he ran away."

Did he bleed in any way? Not that he is aware of, #VanBreda replies.

[url]https://twitter.com/TeamNews24[/URL]

 

[PrimeSuspect]

https://twitter.com/CapeTownEtc

H: wipes sweat.

Court sees how the actions unfold as demonstrated by Henri.

H: His motion was left to right.
G: You described several movements of the knife between you two.

H: He then twisted his arm outwards away from the knife.

H: and brought the axe down. Desai: Was it the first time he hit you? H: Yes.

G: He stabbed your side using a second movement. H: Yes.

G: Thats when you brought the axe down on his left hand shoulder. H: yes.

G: In the demo you were clearly sure of the movements of the attacker. H: Fairly sure.


https://twitter.com/AJGMolyneaux

Henri takes us through the battle between him and the alleged attacker in his house on the morning of the murders.


https://twitter.com/HiRezLife

incredible pinnocchio like pantomime going on with Henri and phantom mirror wrestling with replica axe + knife. Real axe 30cm away.

Now Galloway going for jugular. Juxtapose in court demo with what he said in court yesterday and statements.

 

[JudgeJudi]

Why didn't you hit him with the head of the axe? #VanBreda: I tried to. Was focusing on the knife.

You could have flicked your wrist and the head would have hit him somewhere on the body, Galloway says

Galloway says he would be fighting with all his might. But he never realised you were stronger?

Desai: he attacked your family. Why didn't you lunge out at him? I was scared. I didn't have anger until many days later.

[url]https://twitter.com/TeamNews24[/URL]

 

[PrimeSuspect]

https://twitter.com/CapeTownEtc

G: You did not injure the attacker when you took it away. H: I didn't draw blood but I obviously hurt him because he ran away.

G: any other harm on him? H: No, that I saw.

D: You had a chance of overpowering him. H: I tried that but he was holding my arm. D: You are way stronger than him.

H: I can know say I am stronger than him.


https://twitter.com/AJGMolyneaux

G: Why didn’t you hit him on the head with the axe? H: I think it did try. But I was worried about the knife.

Judge Desai asks why he didn’t take control as he was stronger and had the axe. H: I didn’t feel I was stronger than him.

 

[PrimeSuspect]

HvB looks like he's going to collapse, I think he became concerned when his advocate, Botha, was sternly told to sit down by Judge Desai after Botha stood and objected to the Judge's intense questioning.

 

[JudgeJudi]

VanBreda: benefit of hindsight, I wish I did get angry and react. Desai trying to understand his state of mind. Henri: I was overwhelmed.

Tea break as Henri #VanBreda wants to wash his face.

[url]https://twitter.com/TeamNews24[/URL]

 

[PrimeSuspect]

https://twitter.com/CapeTownEtc

G: You brought the axe down on his shoulder because he was distracted. H: yes, that gave me an opportunity to strike him.

H: I don't recall being angry. D: Even after the attack on your family? H: No, I was scared.

Objection from his lawyers noted.

D: I am trying to understand your state your mind. You see members of your family hurt and you don't react. H: I didn't react.

Adjourned for tea for 15 minutes.


https://twitter.com/HiRezLife

"Why didn't you hit him (the phantom) over the head with the axe?" "I think I did try."

Wow. Botha jumps up. Desai's temper flares. Cuts him off. SIT DOWN! Wants to know why Henri didn't get angry. Anger is operative.

Henri most emotional I've seen him. He asked for a break, then stormed out. Eyes were moist with emotion.


https://twitter.com/AJGMolyneaux

H: Whilst I was in battle with the attacker, I didn’t realize I was stronger than him. But now I realize I was stronger than him.

Henri: “I can’t recall having any anger at the attacker.Only until a few days later did I feel angry.All I could feel was scared.”

 

[L2L]

Phew! Got anything stronger than tea, Prime?

 

[JudgeJudi]

"D: I am trying to understand your state your mind. You see members of your family hurt and you don't react. H: I didn't react".

He didn't react at seeing the slaughter in front of him at the time or when describing what happened during the trial ... while he watched ... because he was scared.

"Henri most emotional I've seen him. He asked for a break, then stormed out. Eyes were moist with emotion".

Tears ... but only for himself. Reminiscent of OP. They're all cut from the same cloth.

 

[PrimeSuspect]

https://twitter.com/ajnarsee

G: in the demo you were clearly show the movements of the attacker?
H: fairly sure

G: you basically just took the axe from his hand?
H: yes and pushed him away

G: you testified you did not injure the attacker when you hit him with blunt side of Axe?
H: yes but I obviously hurt him

H: I didn't see him bleed, not that I am aware of

G: why didn't you hit him over the head with the Axe?
H: I think I did try, but was focusing on the knife

Desai: why didn't you hit him with the Axe?
H: I can now say I was strong but then I wasn't confident to overpower him

G: you could have flicked your wrist and hit him somewhere?

H: I say I realised it now that I was stronger than him

G: so you were fighting for your life, you didn't realize that you could overpower him?
H: I realize that now

J Desai: see the problem is your family was attacked, why didn't you attack him?
H: I was scared and unsure

J Desai: your family was attacked, your brother and sister and father?
H: I only felt anger after a few day

Botha: objects furiously! Judge Desai is angry! What's your objection he asks

H: with the benefit of hindsight and thinking clearly, I wish I did get angry

J Desai: I am trying to figure it out, what your state of mind was?
H: I was overwhelmed

My camera man tells me he spotted Henri #vanbreda running out of court, quite emotional

 

[JudgeJudi]

Galloway asks about #VanBreda's movements during attack. Pushed hand down when attacker went for his throat.

Photos of #VanBreda in ambulance. Galloway points out two lines on upper part of torso. Forearm cuts.

Galloway finds it strange laughing person who viciously attacked family preparing for similar attack on #VanBreda be so readily disarmable.

VanBreda says he was surprised how easily he disarmed him. Galloway says attacker could easily have stabbed him in the heart. "He tried."

[url]https://twitter.com/TeamNews24[/URL]