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

[PrimeSuspect]

Must just add: thank you so much JJ and Prime; you've both been doing an absolutely stellar job of covering tonight's (well, in SA time today's) proceedings. I'm feeling so heartened by all that's been said so far. How is Botha going to turn it around at this point and paint a convincing portrait of Henri as the hapless victim? I just can't see it.

I can't see it either Fluffykins, Galloway is striping every layer away to reveal a calculating, cold blooded killer.

HvB shaving his head,looking more like his crew, Botha and Combrink, and giving such a smart alec reason, saving water!! He's having a laugh and not in touch with reality, will a long prison sentence bring him down earth, one wonders?!

 

[PrimeSuspect]

https://twitter.com/TammyPetersen87

Adv Galloway continues her closing arguments. Criticises the defence's expert testimony as speculation.

Further says the evidence from the defence's expert witnesses was theoretical possibilities and hearsay

Adv Galloway says while #VanBreda may now suffer from epilepsy, Dr Butler's opinion is based on a backdated diagnosis and it should be considered with caution as it may be incorrect.


https://twitter.com/ajnarsee

Galloway: defence witness Dr Du Trevou evidence contradicts that it Dr Butler

On #VanBreda epilepsy diagnosis, Galloway says that the diagnosis is based on the accused word soley.

J Desai: it's common sense that when someone witnesses your family being attacked you will wet your pants. There was evidence in court case before where a witness wet his pants because he was tortured. Similar in this case to trauma experienced


(the defensive wounds Marli suffered proved she fought the hardest for her life, that must have scared him and he wet his pants, could be one explanation. She had her throat cut for good measure, it's a miracle she survived!)


Galloway: the court is at liberty to make adverse inferences on defence witnesses not being called, as no explanation of given on this
Galloway: a person in post-ictal state is unable to strategise or reason, but the accused was able to do this

 

[Fluffykins]

RSBM

And this would be the reason why he said the attacker had a knife and that they struggled over it. He wanted to show that he too suffered some sort of injury, and how precisely could you end up with mere scratches like that from an axe. I believe it would be impossible. Axes don't have the same type of cutting edge as knives as they're very much thicker. His only option was to bring a knife into his story.

On a different note, I don't for one minute believe he wore socks to bed that night. It was very warm and all family members wore light clothing. Who wears socks to bed on a hot night.

Oh if only Desai was following this forum! What great points. And that takes us back to Galloway saying common sense says anyone setting out to attack would not do so without bringing their own weapon. Yes, you're setting out to slaughter a family and just have to hope they have some suitable knives and things. Isn't it crazy? :crazy:

Absolutely agree about the socks too.

 

[JudgeJudi]

Adv Galloway continues her closing arguments. Criticises the defence's expert testimony as speculation.

Further says the evidence from the defence's expert witnesses was theoretical possibilities and hearsay.

Adv Galloway says while #VanBreda may now suffer from epilepsy, Dr Butler's opinion is based on a backdated diagnosis and it should be considered with caution as it may be incorrect.

An epileptic fit is not the only reason why #VanBreda may have wet his pants, Galloway says. Someone in a postictal state won't be able to strategise or reason.

https://twitter.com/TeamNews24

 

[PrimeSuspect]

https://twitter.com/ajnarsee

Galloway: if you have regard to case law on objective witness, Dr Olckers (Defence DNA expert) did not adhere to that, merely criticized the state evidence

J Desai: I have my reservations not to whether the evidence is relevant but whether it is practical

Galloway: Dr Olckers evidence is of no value because she did not do her own tests, so it renders her testimony practically invalid

J Desai: is there any hints in his case that there was contamination of the evidence
G: there Is no indication of contamination

Galloway: it's not the defence's case that the results were wrong... there might have been small human error...

J Desai: what is the obstruction of justice, was there any?

Galloway: defeating results in a guilty party going free or an innocent person veined convicted

Galloway: obstructing, when a person goes false information in attempt to mislead the investigation

 

[PrimeSuspect]

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

 

[JudgeJudi]

Adverse inferences could be made by the court as to why expert witnesses Dr Reggie Perumal and Cobus Steyl were not called by the defence, Galloway says.

Judge Desai says defence DNA forensic expert Dr Olckers didn't do the most fundamental thing - test the DNA samples.

Dr Olckers' evidence is of no value, Adv Galloway says. Adv Botha and the defence look annoyed.

Dr Olckers could point out 3 or 4 mistakes of hundreds of samples. No actual contamination was proven, Adv Galloway says.

https://twitter.com/TeamNews24

 

[PrimeSuspect]

https://twitter.com/ajnarsee

Galloway: Obstruction of justice: false info to police, axe thrown vs staged, self inflicted wounds

G: accused committed the crimes with pre- meditation and would lead to a minimum sentence

Galloway: if court finds #VanBreda guilty have to take into account that he had to arm himself and return to where the crimes were commited. Also the dog, Sasha would have to be out away and kept away from the scene. Attacks executed with dolus directis

(YES!)

 

[Fluffykins]

https://twitter.com/ajnarsee

J Desai: it's common sense that when someone witnesses your family being attacked you will wet your pants. There was evidence in court case before where a witness wet his pants because he was tortured. Similar in this case to trauma experienced


(the defensive wounds Marli suffered proved she fought the hardest for her life, that must have scared him and he wet his pants, could be one explanation. She had her throat cut for good measure, it's a miracle she survived!)


Galloway: the court is at liberty to make adverse inferences on defence witnesses not being called, as no explanation of given on this
Galloway: a person in post-ictal state is unable to strategise or reason, but the accused was able to do this

OMG, I am nearly falling out of my chair here! Judge Desai is basically saying so what if he wet his pants, anyone in that situation would. I would love to know how Henri is reacting to this. It's not following his script at all, is it.

And there's Galloway pointing out he was still capable of strategising and reasoning. Go Galloway!!! :loveyou:

 

[JudgeJudi]

Adv Galloway says giving false information to mislead the case is the obstruction of justice. Refers to throwing of axe, alleged moving items on the scene, giving false information to the police.

Galloway says indication of premeditation is #VanBreda would've had to arm himself and return to where act took place, Sasha would have had to have been put somewhere, he did nothing after the attack and instead of helping Marli smoked 3 cigarettes while waiting for her to die.
https://twitter.com/TeamNews24

 

[PrimeSuspect]

https://twitter.com/ajnarsee

Galloway: even it was a short period of time, and he said "I've had enough" the intent to kill was there. He attacked his family, waited for them to die and then called the ambulance


Galloway: state is calling for attempted murder and not assault GBH with regards to Marli


Galloway: his version cannot be reasonable. Mostly dependent on speculation. The accused is as guilty as charged

J Desai: what about the absence of Marli #VanBreda blood?
G: Cpt Joubert says it's dependent on the way the attack was carried out. Also "absence of evidence is not evidence of absence"


Galloway concludes her closing arguments

 

[Fluffykins]

Adverse inferences could be made by the court as to why expert witnesses Dr Reggie Perumal and Cobus Steyl were not called by the defence, Galloway says.

Judge Desai says defence DNA forensic expert Dr Olckers didn't do the most fundamental thing - test the DNA samples.

Dr Olckers' evidence is of no value, Adv Galloway says. Adv Botha and the defence look annoyed.

Dr Olckers could point out 3 or 4 mistakes of hundreds of samples. No actual contamination was proven, Adv Galloway says.

https://twitter.com/TeamNews24

BIB, my heart is singing, this is going so well.

 

[JudgeJudi]

VanBreda set scene by injuring himself, tampering with the scene and gave misleading evidence to police, Galloway says. She concludes her arguments.

Adv Botha to give defence's closing arguments on Tuesday. Court is adjourned.

https://twitter.com/TeamNews24

 

[JudgeJudi]

Well folks, the timing of the balance of closing arguments is just awful as I won't be around for the next couple of days but the tweets will be left in Prime's capable hands. At least I won't have to endure listening to Botha tomorrow but I'll catch up with everything as soon as I'm able.

See you all soon.

 

[Tortoise]

Thank you JJ and Prime.

I might glance through Botha's arguments tomorrow but generally I'm never too good at giving my time to bluffing defence barristers. I never did listen to Roux during the OP trial.

Great that Galloway pointed out that if Rudi and Henri had both cut themselves shaving in the shower their blood would have had to land in the same miniscule droplet.

 

[bleuboy]

Thank you JJ and Prime.

I might glance through Botha's arguments tomorrow but generally I'm never too good at giving my time to bluffing defence barristers. I never did listen to Roux during the OP trial.

Great that Galloway pointed out that if Rudi and Henri had both cut themselves shaving in the shower their blood would have had to land in the same miniscule droplet.

Thankyou for today's updates, marvelous as ever.

 

[Interested Bystander]

Thank you everyone for covering today. I missed the entire day in court. Hope to do better tomorrow.

Thinking of you Judi for tomorrow. Fingers crossed you will be able to join in soon.

 

[tmar]

Thank you everyone for covering today. I missed the entire day in court. Hope to do better tomorrow.

Thinking of you Judi for tomorrow. Fingers crossed you will be able to join in soon.

I agree.
My wishes also for JJ's successful Op and speedy recovery.
Soon, no further pain.
Our Prime will carry on, and you will be proud to read what happens very soon.
Good Luck.
We need JJ back soon, with all the other cases occurring.

 

[Estelle]

Wishing you speedy recovery, JJ, from Estelle

 

[L2L]

Get well soon, JJ! We miss you here!