South Africa - Martin, 55, Theresa, 54, Rudi Van Breda, 22, Murdered, 26 Jan 2015 #5

[Tortoise]

https://twitter.com/HiRezLife
[FONT=&quot]Desai uses the word "nonsensical".
[/FONT][FONT=&quot]Loud rain pouring outside court. Not heard that before throughout this trial. [/FONT]

 

[JudgeJudi]

Dr Albertse could not find any sign of alcohol or drugs, emotional state described as very quiet. Dr Van Zyl, at vergelegen medi clinic attended to Henri later that evening, she saw him twice.

The first time he came together with Marli's boyfriend at the time, James, he was talkative confident non-emotional and conversing casually.

When he returned Dr Van Zyl said that he was aggravated. She testfiied that there was no trauma, that he was fully oriented, there was a slight smell of alcohol.

https://twitter.com/traceyams?lang=en

 

[Tortoise]

now dealing with accused's demeanour in court

 

[Tortoise]

during testimony, "superbly confident"

almost sarcastically responded "no idea what attackers memory was like"

 

[Tortoise]

accused did not show a great deal of emotion even when he demonstrated blows

 

[Tortoise]

https://twitter.com/HiRezLife
[FONT=&quot]Galloway picks up phone. Types a WhatsApp under counter. Desai refers to accused's *sarcastic* response. Henri frowning slightly?[/FONT]

 

[Tortoise]

If this is the summary I wonder what the full judgement reads like.

 

[Tortoise]

HvB did not know about the axe in the house...even Marli's boyfriend as an occasional visitor knew about axe in house.

 

[Tortoise]

Talking about absence of Marli's DNA on axe.

 

[JudgeJudi]

IMO HvB is going down. I'll start posting tweets. We have less than 1 hour before WS closes.

Judge Desai will not read the entire judgment he will read a summary of the judgment it is quite long.

Judge Desai reads the charges, contention by the state that accused committed the acts with the axe and gave false info to the police to mislead them as to the identity of the attacker.

The accused was the middle child. On the morning of 27 Jan 2015 the ER services was summoned by the accused to the residence. A copy of the call recording handed in.

Upon arrival accused was found in his shorts with superficial injuries, police found Marli and Teresa near the doorway, in the passage area outside the boys' room.

Marli was alive but barely so, injuries sustained by Marli similar to those of the deceased.

Accused alleged the person responsible for attack were unknown intruders, accused disarmed attacker and then fell down the stairs in pursuit of attacker, tried calling his girlfriend first.

Eventually after passing out he phoned the ER services and lit a cigarette to calm down. States case is only circumstantial evidence.

Defence argues that circumstantial evidence presented supports the accused and not the state's narrative.

The family emigrated to Australia and then Martin Teresa and Marli relocated permanently back to SA, Rudi and Accused remained in Australia.

Accused terminated his studies and joined his family in August 2014.

https://twitter.com/traceyams?lang=en

 

[Tortoise]

https://twitter.com/HiRezLife
[FONT=&quot]Desai points out that Henri said he "didn't know" there was an axe in the house. Was bought in 2014 and hardly used.[/FONT]

 

[Tortoise]

He's basically rejecting that a second axe was used.

 

[Tortoise]

Marli touched axe while defending herself. highly unlikely Teresa and Marli attacked by separate attackers.

 

[Tortoise]

Axe did not have as much blood on it as expected

 

[Tortoise]

https://twitter.com/HiRezLife
[FONT=&quot]"Highly unlikely that the alleged perpetrators would fortuitously bring along a similar axe...ditto 2nd attacker..." Repeats it.[/FONT]

 

[JudgeJudi]

Security: accused alleged intruder attacked in the early hours of the morning. De Zalze wine estate is a security state. Rossouw security manager explained the lay out of the estate, refers to map.

Thorburn provided the security personnel, Thorburn monitored all of the electric fences and camera surveillance of the estate, this was done remotely.

Unmanned gates were locked, river protected by electrified fence, barb wire stretched across river. Pietersen confirmed thermal cameras installed at 3 points during that time.

Security guards patrolled the perimeter of the estate, if a camera did not detect someone the security personnel would, there was an alarm on the fence which would detect touch.

The van Breda home was in the middle of the estate. Was there a possible breach of security? No unknown visitors went in the main gate nobody signed in.

Rossouw verified the report with regards to access cards, CCTV footage of unlogged goings was presented by defence counsel.

A restaurant and lodge is inside the estate but some distance from the residential area.

There were probably more suitable places for a perpetrator to access the estate due to the distance from the residential estate.

In terms of the perimeter, the guard testified that the boundary was secure, no breaches were reported. Therefore there was no security breach on the night of the murders.

Wyngaard testified that no report of a breach, no holes in the fence, he patrolled the area 6/7 times on the road close to residence, he did 2 blood hound patrols, last blood hound patrol ended at 02h50.

https://twitter.com/traceyams?lang=en

 

[Tortoise]

Can't rule out that Marli's blood was on axe (sample too small)

 

[Tortoise]

"Absence of evidence is not evidence of absence"

 

[Tortoise]

https://twitter.com/HiRezLife
[FONT=&quot]Axe had less blood on it than one would expect. I asked Galloway about bloodiness of crime scene. She said it was very bloody.
[/FONT][FONT=&quot]Absence of certain DNA does suggest there was some cleaning up. "Absence of evidence not evidence of absence."[/FONT]

 

[Tortoise]

If a second axe was used and carried out of house, absence of drip trail