South Africa - Martin, 55, Theresa, 54, Rudi Van Breda, 22, Murdered, 26 Jan 2015 #5
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JudgeJudi
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Dr Alberts testified that a light bump would not disorientate someone for such a long period.
Dr Tiemensma medical specialist, her testimony was employed at the time in forensic pathology. Dr Tiemensma testified that the bruise above left eye was in keeping with blunt force injuries.
Dr Tiemensma was the accused could have fallen on the stairs, minimal bleeding from wounds, tiny amount of blood, so he would not have fainted because of blood loss.
Tiemensma- if for a medical reason, may be out for a while but if from shock person would not faint for a long period of time.
Adv Botha indicated that it was not the defence case that he lost consciousness due to blood loss, it was a concussion. Tiemensma said that she had dealt with head wounds and said that the bump could have resulted in concussion.
Tiemensma said but if he was able to google he was not that confused he knew to google emergency services.
Dr Tredoux, testified that loss of consciousness for 2hr40 min would indicate a mild to severe brain injury. Not possible to determine ex post fact whether he lost consciousness, Dr T testified that he did not examine the accused.
Captain Joubert: blood stain pattern analyst looked at the blood flow pattern of the accused's head. Accused testified that in pursuit of the attacker he lost his footing and fell down the stairs.
Accused confirmed that he had never passed out for 2hr40 min and that he did not consult with a doctor in this regard. He consulted with Dr Butler, this was arranged by his girfriends father.
Dr Butler was consulted regarding an incident on 8 November 2018, Dr Butler is a neurologist he testified that the diagnostic process starts with pre testing and could change.
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Dr Tiemensma medical specialist, her testimony was employed at the time in forensic pathology. Dr Tiemensma testified that the bruise above left eye was in keeping with blunt force injuries.
Dr Tiemensma was the accused could have fallen on the stairs, minimal bleeding from wounds, tiny amount of blood, so he would not have fainted because of blood loss.
Tiemensma- if for a medical reason, may be out for a while but if from shock person would not faint for a long period of time.
Adv Botha indicated that it was not the defence case that he lost consciousness due to blood loss, it was a concussion. Tiemensma said that she had dealt with head wounds and said that the bump could have resulted in concussion.
Tiemensma said but if he was able to google he was not that confused he knew to google emergency services.
Dr Tredoux, testified that loss of consciousness for 2hr40 min would indicate a mild to severe brain injury. Not possible to determine ex post fact whether he lost consciousness, Dr T testified that he did not examine the accused.
Captain Joubert: blood stain pattern analyst looked at the blood flow pattern of the accused's head. Accused testified that in pursuit of the attacker he lost his footing and fell down the stairs.
Accused confirmed that he had never passed out for 2hr40 min and that he did not consult with a doctor in this regard. He consulted with Dr Butler, this was arranged by his girfriends father.
Dr Butler was consulted regarding an incident on 8 November 2018, Dr Butler is a neurologist he testified that the diagnostic process starts with pre testing and could change.
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[FONT=&]So glad Desai refers to the right Star Trek movie this time. [/FONT]#VanBreda[FONT=&] Mistake in this trial not playing soundtrack from end of film imo.
[/FONT][FONT=&]"Court doesn't have to speculate about motive..." Just establish intention. That's why I wrote a trilogy speculating on motive.
[/FONT][FONT="]Rudi attacked the most vuolent injuries...Martin 2nd...Henri shifts in his seat. Appears pale. Eyes flickering, twitching visibly.[/FONT]
[FONT=&]So glad Desai refers to the right Star Trek movie this time. [/FONT]#VanBreda[FONT=&] Mistake in this trial not playing soundtrack from end of film imo.
[/FONT][FONT=&]"Court doesn't have to speculate about motive..." Just establish intention. That's why I wrote a trilogy speculating on motive.
[/FONT][FONT="]Rudi attacked the most vuolent injuries...Martin 2nd...Henri shifts in his seat. Appears pale. Eyes flickering, twitching visibly.[/FONT]
https://twitter.com/HiRezLife
[FONT="]Henri seeming to be battling to stay awake. Now looks down with eyes closed. Seems to be floating in his seat. Bizarre.[/FONT]
[FONT="]Henri seeming to be battling to stay awake. Now looks down with eyes closed. Seems to be floating in his seat. Bizarre.[/FONT]
JudgeJudi
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3 possible diagnosis: 1 loss of conscious 2. epileptic seizure 3. Malingering.
Dr Butler's girlfriend was present in the consultation because he needed an independent account of what had happened on 8 November when he had a seizure.
Dr Butler said he was aware that the girlfriend could take part in the accused's version. The accused and his girlfriend described an incident in February 2016, when he had shivers through his body.
Accused confirmed, jerks, Dr Butler testified that many people would not even notice these jerks. On examining the accused and seeing the abnormalities the accused has epilepsy, as testified by Dr Butler.
Court accepts that he suffers from epilepsy. The only other source of information regarding the incidents is the girlfriend. She did not testify and the accused himself did not testify court makes no finding in this regard.
Fact is that Dr Butler did not examine the accused at the time nor in February 2016. The court will come back to the relevance of this issue at a later stage.
Dr Butler testified that the accused said he could not answer some questions, no officer testified this was the case. He gave a detailed account to Captain Steyn and at the station regarding the sequence of events.
The statements made by the accused, for example noticing a blood spot on the stairs after regaining consciousness are indicative of an acute awareness of his surroundings.
Accused had a bump on his head and was perfectly lucid he walked up the stairs immediately prior to becoming amnesiac.
Dr Butler- epileptic seizure represents the only plausible explanation for the abrupt onset of amnesia.
https://twitter.com/traceyams?lang=en
Dr Butler's girlfriend was present in the consultation because he needed an independent account of what had happened on 8 November when he had a seizure.
Dr Butler said he was aware that the girlfriend could take part in the accused's version. The accused and his girlfriend described an incident in February 2016, when he had shivers through his body.
Accused confirmed, jerks, Dr Butler testified that many people would not even notice these jerks. On examining the accused and seeing the abnormalities the accused has epilepsy, as testified by Dr Butler.
Court accepts that he suffers from epilepsy. The only other source of information regarding the incidents is the girlfriend. She did not testify and the accused himself did not testify court makes no finding in this regard.
Fact is that Dr Butler did not examine the accused at the time nor in February 2016. The court will come back to the relevance of this issue at a later stage.
Dr Butler testified that the accused said he could not answer some questions, no officer testified this was the case. He gave a detailed account to Captain Steyn and at the station regarding the sequence of events.
The statements made by the accused, for example noticing a blood spot on the stairs after regaining consciousness are indicative of an acute awareness of his surroundings.
Accused had a bump on his head and was perfectly lucid he walked up the stairs immediately prior to becoming amnesiac.
Dr Butler- epileptic seizure represents the only plausible explanation for the abrupt onset of amnesia.
https://twitter.com/traceyams?lang=en
JudgeJudi
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Dr Butler: a grand mal seizure may last only for a few minutes and then period of amnesia. The witness disagreed with Tredoux (other defence witness) that the accused lost consciousness for that period of time.
Dr Butler like Dr Tredoux did not examine the accused at the time. Dr Alberts and Dr Van Zyl did consult with him that day.
Dr Butler replied that the answer is emphatically yes however in that instance of whether the accused was lucid or not, was not a fact.
Dr Butler confirmed that more likely that, if self inflicted, the injuries were inflicted pre his post ictal state.
For court to accept Dr Butler's evidence the court has to accept the version of the accused, that he wet his pants, the court is of the opinion that Dr Butler's conclusion is on exaggerated inferences, not necessarily reliable not corroborated.
Back from the tea break Judge Desai starts with the scene of the crime.
Police were called to the scene, upon arrival accused had grey sleeping shorts on and white socks, appeared to be nervous emotional scared, traumatised.
Kleynhans testified that he treated the accused as a victim.
Accused sat there with Sasha the house dog and was then taken to the ambulance where he was treated.
Experienced members of the SAPS testfied that the crime scene was not consistent with what is ordinarily a break in, open bag on the table as well as laptops and cellphones.
https://twitter.com/traceyams?lang=en
Dr Butler like Dr Tredoux did not examine the accused at the time. Dr Alberts and Dr Van Zyl did consult with him that day.
Dr Butler replied that the answer is emphatically yes however in that instance of whether the accused was lucid or not, was not a fact.
Dr Butler confirmed that more likely that, if self inflicted, the injuries were inflicted pre his post ictal state.
For court to accept Dr Butler's evidence the court has to accept the version of the accused, that he wet his pants, the court is of the opinion that Dr Butler's conclusion is on exaggerated inferences, not necessarily reliable not corroborated.
Back from the tea break Judge Desai starts with the scene of the crime.
Police were called to the scene, upon arrival accused had grey sleeping shorts on and white socks, appeared to be nervous emotional scared, traumatised.
Kleynhans testified that he treated the accused as a victim.
Accused sat there with Sasha the house dog and was then taken to the ambulance where he was treated.
Experienced members of the SAPS testfied that the crime scene was not consistent with what is ordinarily a break in, open bag on the table as well as laptops and cellphones.
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Hi all, popping in at the last minute. Is this video I'm watching live?
https://www.news24.com/Video/SouthAfrica/News/watch-live-henri-van-breda-judgment-20180521
And what time is Websleuths due to go down?
https://www.news24.com/Video/SouthAfrica/News/watch-live-henri-van-breda-judgment-20180521
And what time is Websleuths due to go down?
JudgeJudi
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Captain Steyn, part of a task force who investigated the balaclava gang, was brought in to investigate whether it was the balaclava gang.
Sgt Kleynhans testified that the valuables were on the ground floor and attack took place on the first floor, they had plenty time to remove the valuables from the ground floor without disturbing upstairs.
Accused conceded that had the initial attack on Rudi not taken place the intruders could have cleaned out the house without any of them knowing. He confirmed that nothing was missing from the house.
Accused confirmed that he was taken for medical attention that morning he was examined by Dr Alberts.
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 testfied that there was no trauma, that he was fully oriented, there was a slight smell of alcohol.
The second time the accused was less forthcoming and more formal. His uncle testified that after the incident he went to the house with the accused to collect things, he went inside the house and requested Japanese whisky.
The accused's visit to the house and what he took from the house- no adverse inferences can be drawn.
During proceedings the accused became emotional at certain points. During testimony he appeared to be uncomfortable at times other times he appeared perfectly confident.
https://twitter.com/traceyams?lang=en
Sgt Kleynhans testified that the valuables were on the ground floor and attack took place on the first floor, they had plenty time to remove the valuables from the ground floor without disturbing upstairs.
Accused conceded that had the initial attack on Rudi not taken place the intruders could have cleaned out the house without any of them knowing. He confirmed that nothing was missing from the house.
Accused confirmed that he was taken for medical attention that morning he was examined by Dr Alberts.
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 testfied that there was no trauma, that he was fully oriented, there was a slight smell of alcohol.
The second time the accused was less forthcoming and more formal. His uncle testified that after the incident he went to the house with the accused to collect things, he went inside the house and requested Japanese whisky.
The accused's visit to the house and what he took from the house- no adverse inferences can be drawn.
During proceedings the accused became emotional at certain points. During testimony he appeared to be uncomfortable at times other times he appeared perfectly confident.
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[FONT="]Henri's eyes constantly flickering now. Seems to be teetering in seat. Strange he was good enough to fly to ouma over the weekend.
[/FONT][FONT="]Desai refers to self-defence injuries. Now at 2 hour 45 minute mark of verdict.
[/FONT][FONT="]Henri takes a swig of water from a blue bottle. Could swear he's in a desert dying of thirst, trying to stay conscious.[/FONT]
[FONT="]Henri's eyes constantly flickering now. Seems to be teetering in seat. Strange he was good enough to fly to ouma over the weekend.
[/FONT][FONT="]Desai refers to self-defence injuries. Now at 2 hour 45 minute mark of verdict.
[/FONT][FONT="]Henri takes a swig of water from a blue bottle. Could swear he's in a desert dying of thirst, trying to stay conscious.[/FONT]
this is the one I'm listening to Cags. News24 seems a bit unreliable.
http://www.enca.com/south-africa/ju...n-in-triple-axe-murder-accused-van-breda-case
WS going down at 12 noon in UK.
Fluffykins
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I think JJ said at the start of the evening that he looked evil, and I agreed with that at the time. Damn, how I wish this was not going to be cut short. We've waited so long for this!!
JudgeJudi
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When asked about being the only person alive except Marli he sarcastically responded that he did not know if the intruder was alive. When confronted with difficult issues it was different for example where the dog was and why it didnt bark, where his fathers body was he appeared to be uncomfortable at times other times he appeared perfectly confident.
Axe- James recalled an axe that was black on top, the axe had a dark green colour. James said that the axe he saw in the house was similar.
Precious testified that the axe looks similar to the one she normally saw in the scullery next to the ironing board. The ironing board was in the same position it normally is.
Sgt Appolis testified that one axe was found at the crime scene, no indication of a second axe. Although Precious and James were aware of the presence of the axe, the accused distanced himself and said he did not know the family had an axe in the house.
James was a visitor to the home, he knew of the axe. James said it was bought in 2014. It is the states case that the injuries sustained by the deceased and Marli were made by the axe.
The defence suggested that there may have been a second axe used in the attacks. Defence argued that the DNA evidence contradicts the states case.
This submission was made on the assumption that the DNA evidence is accepted.
Type of injuries to Marli were similar to the type of injuries sustained by the deceased's, measurements of her wounds were more or less the same as the others.
Highly unlikely that the alleged perpetrator would have fortuitously brought a similar axe into the home as the one at the Van Breda home, would inflict similar injuries and that the second attacker would remove the axe.
Marli's touch DNA was found on the axe, she probably touched the axe while defending herself, Marli's attack was more or less at the same time as Teresa's it highly unlikely that she was attacked by another intruder.
https://twitter.com/traceyams?lang=en
Axe- James recalled an axe that was black on top, the axe had a dark green colour. James said that the axe he saw in the house was similar.
Precious testified that the axe looks similar to the one she normally saw in the scullery next to the ironing board. The ironing board was in the same position it normally is.
Sgt Appolis testified that one axe was found at the crime scene, no indication of a second axe. Although Precious and James were aware of the presence of the axe, the accused distanced himself and said he did not know the family had an axe in the house.
James was a visitor to the home, he knew of the axe. James said it was bought in 2014. It is the states case that the injuries sustained by the deceased and Marli were made by the axe.
The defence suggested that there may have been a second axe used in the attacks. Defence argued that the DNA evidence contradicts the states case.
This submission was made on the assumption that the DNA evidence is accepted.
Type of injuries to Marli were similar to the type of injuries sustained by the deceased's, measurements of her wounds were more or less the same as the others.
Highly unlikely that the alleged perpetrator would have fortuitously brought a similar axe into the home as the one at the Van Breda home, would inflict similar injuries and that the second attacker would remove the axe.
Marli's touch DNA was found on the axe, she probably touched the axe while defending herself, Marli's attack was more or less at the same time as Teresa's it highly unlikely that she was attacked by another intruder.
https://twitter.com/traceyams?lang=en
I know Fluffykins. What a shame they didn't do the move at a weekend.
Fluffykins
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Any minute now?
JudgeJudi
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The axe did not have as much blood on it as one would expect as it was used in so many murders, blood could have been projected off of the axe as it was swung repeatedly- Joubert took 8 swabs of the axe.
Despite the fact that the swabs were representative of the entire axe, there was not enough DNA found to reach a result. Possibility that Marli's blood was also on the axe but not enough to produce result cannot be ruled out.
All of Marli's wounds were on her left side except for 1, the absence of Marli's blood could be explained because the injuries were not close to each other, blood spatter may be directed away from the attacker.
Some of the blood stains found could have been Marli's and just did not produce a DNA result.
Marli was not the donor of the two solitary blood drops on the side wall. Highly unlikely that second person would have executed blows very similar to that of the first attacker.
Accused agreed that no evidence of a second axe exists.
In the emergency call he did not state that there was a second intruder, no allegation of more than one intruder was made that morning.
Court finds that there is no convincing basis that there was a second axe used in the crime, the axe belonged to the van breda household.
Accused alleged that the intruder stabbed him with a knife.
The knife that was used to injure the accused was part of a set inside the kitchen drawer in the van breda home, accused confirmed the knives were kept in the top drawer.
https://twitter.com/traceyams?lang=en
Despite the fact that the swabs were representative of the entire axe, there was not enough DNA found to reach a result. Possibility that Marli's blood was also on the axe but not enough to produce result cannot be ruled out.
All of Marli's wounds were on her left side except for 1, the absence of Marli's blood could be explained because the injuries were not close to each other, blood spatter may be directed away from the attacker.
Some of the blood stains found could have been Marli's and just did not produce a DNA result.
Marli was not the donor of the two solitary blood drops on the side wall. Highly unlikely that second person would have executed blows very similar to that of the first attacker.
Accused agreed that no evidence of a second axe exists.
In the emergency call he did not state that there was a second intruder, no allegation of more than one intruder was made that morning.
Court finds that there is no convincing basis that there was a second axe used in the crime, the axe belonged to the van breda household.
Accused alleged that the intruder stabbed him with a knife.
The knife that was used to injure the accused was part of a set inside the kitchen drawer in the van breda home, accused confirmed the knives were kept in the top drawer.
https://twitter.com/traceyams?lang=en
JudgeJudi
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Court is satisfied that exhibit 2 formed part of a set of knives from within the van breda home.
Axe is a peculiar weapon to use in an attack, there was no reason for an intruder with the intention to steal to wipe out an entire family.
If the intention of intruders was to kill the occupants of the house, they would at least bring their own weapons, strange that this person wore gloves a balaclava and laughed while attacking.
The attack on the accused was not with the same intensity as the attack on his family.
Heard evidence that the van breda's were a normal family, not aware of a grudge against the family.
Accused testified that he could not think of a reason why Rudi appeared to be specifically attacked. Rudi studied and lived in Australia before the attack, most unlikely that he made enemies
Defence argued that Accused had no reason to murder his family, moreover up till 22h00 the prior evening, there is no evidence of any contention in the family based on whatsapp comms with Bianca.
Accused said there was nothing out of the ordinary in the family, no evidence exists to indicate a specific motive for killing any of the family members whether killed by an unknown intruder or the accused.
The only unusual event was the loud male noises coming from the house.
Op'tHof, neighbour, testified that she heard loud male noises with an aggressive undertone it lasted from 22h00 till midnight
https://twitter.com/traceyams?lang=en
Axe is a peculiar weapon to use in an attack, there was no reason for an intruder with the intention to steal to wipe out an entire family.
If the intention of intruders was to kill the occupants of the house, they would at least bring their own weapons, strange that this person wore gloves a balaclava and laughed while attacking.
The attack on the accused was not with the same intensity as the attack on his family.
Heard evidence that the van breda's were a normal family, not aware of a grudge against the family.
Accused testified that he could not think of a reason why Rudi appeared to be specifically attacked. Rudi studied and lived in Australia before the attack, most unlikely that he made enemies
Defence argued that Accused had no reason to murder his family, moreover up till 22h00 the prior evening, there is no evidence of any contention in the family based on whatsapp comms with Bianca.
Accused said there was nothing out of the ordinary in the family, no evidence exists to indicate a specific motive for killing any of the family members whether killed by an unknown intruder or the accused.
The only unusual event was the loud male noises coming from the house.
Op'tHof, neighbour, testified that she heard loud male noises with an aggressive undertone it lasted from 22h00 till midnight
https://twitter.com/traceyams?lang=en
https://twitter.com/HiRezLife
[FONT="]Ok it's 13:00. Desai concludes on another aspect...the competencies of the state pathologist..."no evidence to gainsay state's evidence."[/FONT]
[FONT="]Ok it's 13:00. Desai concludes on another aspect...the competencies of the state pathologist..."no evidence to gainsay state's evidence."[/FONT]
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