South Africa - Martin, 55, Theresa, 54, Rudi Van Breda, 22, Murdered, 26 Jan 2015 #5
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[FONT="]"Matched a textbook version of self-defensive wounds..." [/FONT]#VanBreda[FONT="] Adjourned for lunch. Back at 2.
[actually Desai said 2:15]
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[FONT="]"Matched a textbook version of self-defensive wounds..." [/FONT]#VanBreda[FONT="] Adjourned for lunch. Back at 2.
[actually Desai said 2:15]
[/FONT]
JudgeJudi
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During the inspection in loco observed a balcony at the boys' room which is where she would have heard the sounds coming from the home.
Court finds that Ms Op't Hof must have heard sounds from the home. The defence said that they watched star trek and this is what she heard.
Ms Op't Hof is an independent witness unwilling to get involved that evening, she did not implicate anybody directly, she was a strong witness.
The court does not have to speculate with regard to motive.
Pathologist testfied that the weapon, being the axe, was heavy and consistent with the injuries that were inflicted to Marli and the deceased.
The deceased injuries were confined to the head, Rudi suffered the most violent injuries to the head.
Marli's injuries were indicative of a severe scuffling no doubt that the attacker had the intention to kill the deceased and to kill Marli.
Accused conceded in cross examination that the attacker's intent was to kill.
The attack of the presumably sleeping family members in the early hours of the morning had to be planned, the weapon had to be taken up stairs.
Infliction and trauma on Rudi, who raised his hands in an attempt to ward off the attack, saw his attacker.
https://twitter.com/traceyams?lang=en
Court finds that Ms Op't Hof must have heard sounds from the home. The defence said that they watched star trek and this is what she heard.
Ms Op't Hof is an independent witness unwilling to get involved that evening, she did not implicate anybody directly, she was a strong witness.
The court does not have to speculate with regard to motive.
Pathologist testfied that the weapon, being the axe, was heavy and consistent with the injuries that were inflicted to Marli and the deceased.
The deceased injuries were confined to the head, Rudi suffered the most violent injuries to the head.
Marli's injuries were indicative of a severe scuffling no doubt that the attacker had the intention to kill the deceased and to kill Marli.
Accused conceded in cross examination that the attacker's intent was to kill.
The attack of the presumably sleeping family members in the early hours of the morning had to be planned, the weapon had to be taken up stairs.
Infliction and trauma on Rudi, who raised his hands in an attempt to ward off the attack, saw his attacker.
https://twitter.com/traceyams?lang=en
JudgeJudi
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Injuries of the accused- Dr Albertse examined and reported on the injuries sustained by the accused.
Accused had superficial cuts on his chest a superficial stab wound on his chest and a stab wound in his stomach most the cuts barely broke the skin.
Dr Albertse said that she did not regard them as being serious. Accused testified that when asked by the police if they were self inflicted Dr Albertse responded that she would see what she could do.
Dr Albertse after examining the accused did not recall that discussion.
Dr Tiemensma was asked to comment on the injuries. She received a copy of Dr Albertse's findings and photographs of the wound.
Dr Tiemensma said this was not an unusual request. Dr Tiemensma referred to text books regarding bias and emphasised that it is a difficult task.
Dr Tiemensma had an opportunity to consider the injuries and make a finding without further tests. IN this instance Dr Tiemensma was adamant that the wounds were self inflicted.
Incisions were on the left side of his body, accused is right handed. Unusual to find defensive wounds in this areas.
Tiemensma added 3 more reasons, they were symmetrical, uniform shape, same instrument had been used.
In response to the accused version of how the cuts were inflicted, it would be very difficult to do holding onto each other, to inflict such precise, parallel wounds with equal depth
https://twitter.com/traceyams?lang=en
Accused had superficial cuts on his chest a superficial stab wound on his chest and a stab wound in his stomach most the cuts barely broke the skin.
Dr Albertse said that she did not regard them as being serious. Accused testified that when asked by the police if they were self inflicted Dr Albertse responded that she would see what she could do.
Dr Albertse after examining the accused did not recall that discussion.
Dr Tiemensma was asked to comment on the injuries. She received a copy of Dr Albertse's findings and photographs of the wound.
Dr Tiemensma said this was not an unusual request. Dr Tiemensma referred to text books regarding bias and emphasised that it is a difficult task.
Dr Tiemensma had an opportunity to consider the injuries and make a finding without further tests. IN this instance Dr Tiemensma was adamant that the wounds were self inflicted.
Incisions were on the left side of his body, accused is right handed. Unusual to find defensive wounds in this areas.
Tiemensma added 3 more reasons, they were symmetrical, uniform shape, same instrument had been used.
In response to the accused version of how the cuts were inflicted, it would be very difficult to do holding onto each other, to inflict such precise, parallel wounds with equal depth
https://twitter.com/traceyams?lang=en
Fluffykins
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Lol, it's not looking good for it, is it! I was about to post, Dear Judge Desai, I have liked you right from the word go as you have always come across as really straight and nobody's fool, and if you could please just wind it up before WS shuts down tonight then I will love you forever. But that's not going to happen tonight, is it ... but it is going to happen that he puts HvB away. I don't think there's any doubt about that.
I'm hopeful we'll all get together again in a few days to talk about how many lifetimes we hope HvB is sentenced to. I wonder how far away the sentencing will be? Hope it's soon.
JudgeJudi
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The witness said that by saying that they pushed and pulled each other, one would not be standing still when the cutting happened, the accused did not say he was standing still during the struggle.
Tiemensma testified that the strong contrast between the injuries inflicted on the family members and those inflicted on Henri.
If one was going to try and disarm an attacker and grab the axe, you would expect more defensive wounds. Dr Dempers said it is uncommon if a group of people are attacked for the wounds to not all be similar.
Dr Dempers: the wounds are generally similar. In this instance the wounds of the accused are the only wounds dissimilar to the deceased and to Marli.
Professor Dempers said the self inflicted wounds were text book, they were made with the tip of the knife, also stated that it is highly unlikely that these were made in the circumstances the accused described.
In conclusion of this aspect the court finds that there is a striking similarity in the wounds and the courts finds these are both highly professional outstanding experts.
Despite the fact that Dr Perumal was present in court, no expert was called by the defence on this vital issue, in argument it was submitted that he was not qualified. No evidence was submitted to gainsay the states compelling evidence in this regard.
If the court accepts that some injuries were self inflicted the credibility of the accused is questioned. The accused testified that the attacker inflicted the injuries by flicking his wrist.
Dealing with the numbering of the exhibits collected from the scene, except for 117 there was no other sample lifted and not correctly sealed.
It was submitted that the numbering of exhibits was incorrect at time and the incorrect sealing of one sample.
https://twitter.com/traceyams?lang=en
Tiemensma testified that the strong contrast between the injuries inflicted on the family members and those inflicted on Henri.
If one was going to try and disarm an attacker and grab the axe, you would expect more defensive wounds. Dr Dempers said it is uncommon if a group of people are attacked for the wounds to not all be similar.
Dr Dempers: the wounds are generally similar. In this instance the wounds of the accused are the only wounds dissimilar to the deceased and to Marli.
Professor Dempers said the self inflicted wounds were text book, they were made with the tip of the knife, also stated that it is highly unlikely that these were made in the circumstances the accused described.
In conclusion of this aspect the court finds that there is a striking similarity in the wounds and the courts finds these are both highly professional outstanding experts.
Despite the fact that Dr Perumal was present in court, no expert was called by the defence on this vital issue, in argument it was submitted that he was not qualified. No evidence was submitted to gainsay the states compelling evidence in this regard.
If the court accepts that some injuries were self inflicted the credibility of the accused is questioned. The accused testified that the attacker inflicted the injuries by flicking his wrist.
Dealing with the numbering of the exhibits collected from the scene, except for 117 there was no other sample lifted and not correctly sealed.
It was submitted that the numbering of exhibits was incorrect at time and the incorrect sealing of one sample.
https://twitter.com/traceyams?lang=en
JudgeJudi
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Woo hoo, all Tracey's tweets are up-to-date. I need a break. Be back soon, and hopefully we're still all here.
I'm feeling very happy with all I'm hearing. Thrilled. Ecstatic. Overjoyed. It ain't over till the fat lady sings but I can't believe Desai's tune will change.
I'm feeling very happy with all I'm hearing. Thrilled. Ecstatic. Overjoyed. It ain't over till the fat lady sings but I can't believe Desai's tune will change.
Interested Bystander
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Do judgements generally take this long to impart? Desai seems to be making it very clear that HvB will get his comeuppance. I had no idea it was going to take this long to deliver the verdict. I thought Masipa was an exception but apparently not.
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JudgeJudi
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This is only a summary of the judgment. I knew it would be huge because the trial was the longest criminal trial I've ever seen and there were so many crucial points to be covered. As I said earlier today before Court, if Desai was going to find him guilty, he would have to cross every t and dot every i because HvB would appeal. As you know, the SCA won't disagree with the facts found by the trial Judge. The only reason the State was able to appeal the OP verdict was because it was based on a mixture of facts and law, and Masipa got it soooo wrong.
NB. Masipa's judgment wasn't long, she was a slow reader, and slow in other areas too.
JudgeJudi
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I wonder if J Desai will deal with the contents of the toilet bowl
I don't know about that Tortoise, but I bet HvB could use a toilet bowl right now.
It was their strongest piece of evidence. They're bound to appeal if he doesn't mention HvB's s***
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[FONT="]An update on today’s judgement: [/FONT]https://www.timeslive.co.za/news/south-africa/2018-05-21-judge-slashes-defences-statements-in-van-breda-case/ …[FONT="]P.s judgement in the matter is still most likely going to be another two hours or so after lunch - the judges document is thiiiiick!
[/FONT]
[FONT="]An update on today’s judgement: [/FONT]https://www.timeslive.co.za/news/south-africa/2018-05-21-judge-slashes-defences-statements-in-van-breda-case/ …[FONT="]P.s judgement in the matter is still most likely going to be another two hours or so after lunch - the judges document is thiiiiick!
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