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

[tmar]

Crazy that Phelps thought it was harsh to send Henri to prison while he awaits sentencing. Harsh? More like a case of necessity if there ever was one.

I agree. HARSH.
The guy has been found guilty of 3 murders etc, etc.....

 

[JudgeJudi]

Phelps: Desai is correct. There is – there must be strong consideration given to the interests of society. Nonetheless, arguably Adv. Botha would have said that the interests of society would have been met by the fact that he would have had stringent conditions and that we’re only really speaking about for two weeks.

Phelps likes to have her cake and eat it too. If she believes that he should have been granted bail for only two weeks, why does she consider it harsh that he’s only being sent to Pollsmoor’s hospital wing for two weeks.

A convicted axe murder of three people not being incarcerated immediately!!! Give me a break. Can you imagine the outcry from the public.

 

[sinth]

Crazy that Phelps thought it was harsh to send Henri to prison while he awaits sentencing. Harsh? More like a case of necessity if there ever was one.

After the Pistorius case I cannot take Phelps seriously. Like Masipa, she does not understand dolus eventualis. How anyone can label her a law expert and how she can be a senior lecturer in criminal law at a university is beyond me.
You can hear her defending Masipa here:

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Pity Tracey Stewart did not interview someone more knowledgeable, such as William Booth.

 

[JudgeJudi]

After the Pistorius case I cannot take Phelps seriously. Like Masipa, she does not understand dolus eventualis. How anyone can label her a law expert and how she can be a senior lecturer in criminal law at a university is beyond me.
You can hear her defending Masipa here:

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For more detailed information, see our cookies page.

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Pity Tracey Stewart did not interview someone more knowledgeable, such as William Booth.

Several of the lawyers got it very wrong too. I couldn't stand listening to the extremely biased reporter Robyn Curnow.

 

[Hag]

Phelps: Desai is correct. There is – there must be strong consideration given to the interests of society. Nonetheless, arguably Adv. Botha would have said that the interests of society would have been met by the fact that he would have had stringent conditions and that we’re only really speaking about for two weeks.

Phelps likes to have her cake and eat it too. If she believes that he should have been granted bail for only two weeks, why does she consider it harsh that he’s only being sent to Pollsmoor’s hospital wing for two weeks.

A convicted axe murder of three people not being incarcerated immediately!!! Give me a break. Can you imagine the outcry from the public.

I was shocked to see there was going to be arguments for and against. I thought Judge Desai was in danger of being swayed by Botha at one point and found myself begging him to speak to his Assessor! “She will tell you, “No Bail” ! Phew!

 

[Jennifer17]

Was this all about getting his parent's money, all to himself?

 

[Interested Bystander]

How on earth does Phelps hold down a lecturer's job? She may well know her law inside out but she seems unable to apply it in any logical manner. I just hope her students don't take her flawed opinions too seriously and stick to learning the law in depth and ignoring "Phelps' logic". She always has very questionable opinions. Those given during the OP case speak volumes.

I thought Tracey was very weak. She was fine reporting the court proceedings but utterly useless when it came to applying logic IMO and seemed in awe of Phelps.

 

[Interested Bystander]

Was this all about getting his parent's money, all to himself?

I don't think we will ever know but my guess is that it was a violent falling out rather than the money aspect.

 

[patCee]

I don't think we will ever know but my guess is that it was a violent falling out rather than the money aspect.

I agree with all of these things and that his fecklessness put him at odds with the rest of his family, particularly Martin, and his probable rival Rudi. It's likely it all created a complex series of emotions increased by his use of drugs.

The reasons all sound inadequate really when we think of putting an axe, repeatedly, through the heads of the people we live with, or any one for that matter. Even in the aftermath he chose to delay help in order to create a false scenario. No overwhelming regret, or panic, there. It's impossible for me to think of his actions logically with killing his family, except Mari, in such an heinous way, and that he'll spend the major part of his life in prison. It's all about loss, loss and more loss for them all, created by one person.

 

[JudgeJudi]

Henri is guilty of dolus directus. Direct intent refers to situations in which consequences were desired and foreseen by the perpetrator before the commission of the act. Premeditation obviously results in dolus directus.

 

[Bohemian]

I have a lot of posts to read since the changeover to the new forum software. In the meantime, thank you for all of your posts. I’m glad to see HvB was held accountable for his brutal crimes against his family.

 

[JudgeJudi]

O/T Just in case anyone is interested, Jason Rohde started his evidence in chief yesterday and hopefully will finish this afternoon. Video links and all tweets from court are up-to-date. Here's the link to the beginning of his testimony at #335 (but ignore the live link). Two YouTube links can be found at #363 and #364.

South Africa - Susan Rohde, 47, murdered, Stellenbosch, 24 July, 2016

 

[Hag]

O/T Just in case anyone is interested, Jason Rohde started his evidence in chief yesterday and hopefully will finish this afternoon. Video links and all tweets from court are up-to-date. Here's the link to the beginning of his testimony at #335 (but ignore the live link). Two YouTube links can be found at #363 and #364.

South Africa - Susan Rohde, 47, murdered, Stellenbosch, 24 July, 2016

Thank you JJ, I am very interested in this case.

 

[L2L]

We know Henri van Breda killed his family - but what made him do it?

We know Henri killed his family but what made him do it?

 

[JudgeJudi]

L2L, thank you so much for this brilliant article. I’ve broken it up into sections.

Psychopathy

For the public‚ the question of motive still hangs over this whole brutal case. There is no definitive answer‚ but much to think about. First and foremost is the obvious question of mental illness: Could Henri be a psychopath?

Chillingly devoid of emotion‚ he had a matter-of-fact tone as he shared details of‚ for example‚ his mother lying and bleeding to death at the top of the staircase. Even re-enacting the murders (by the mythical intruder he had conjured up in his plea statement) brought no flicker of sadness to his eyes. Neither did it bring the shiftiness or shame one sees in the eyes of a liar in the act.

According to American researcher and neuroscientist Joshua Buckholtz‚ “a lack of emotion isn’t the only thing driving psychopaths”. His research found that their brains also “overvalue the pleasure associated with getting what they want” and this may result in “callous and manipulative acts”. Through his research‚ he found that “the brains of people with psychopathic tendencies are rich with dopamine‚ a reward chemical that makes us seek out pleasure”.

We know Henri van Breda killed his family - but what made him do it?

 

[JudgeJudi]

Drugs

According to Martin’s twin brothers‚ Martin and Teresa had threatened to cut Henri’s allowance if he continued using drugs. Rumours swirled as to whether Henri was a drug addict. This made sense. Had he perhaps killed the family during a drug-induced psychotic episode?

Drug tests performed on Henri after the attacks were negative. The question shifts to one of long-term effects. If the uncles are telling the truth (and one has no reason to disbelieve them)‚ is it possible that Henri’s relationship with drugs had had a long-lasting effect on his chemical make-up? One doesn’t have to be using drugs at the actual moment that one commits a heinous act resulting from drug use. This is especially true of ‘tik’ [aka crystal meth].

According to the American Addiction Centers organisations‚ “When it comes to methamphetamine‚ psychosis can actually spontaneously re-appear in people who have been clean of the drug for many years.”

Is it a combination of psychopathy and drugs

He could have had a psychotic episode. He could be a psychopath who held no sense of the fallout of his actions. As anyone who has known or loved a drug addict will tell you‚ separating the user from the substance can create a monster where a mensch [a person of integrity and honour] once stood.

There’s also the issue of comorbidity: Is it possible that Henri is both a psychopath and a substance abuser‚ and that these two disorders possibly played into each other?

According to the National Institute of Drug Abuse (based in the UK)‚ “Many individuals who develop substance use disorders are also diagnosed with mental disorders‚ and vice versa.”

Multiple national population surveys have found that “about half of those who experience a mental illness during their lives will also experience a substance use disorder and vice versa”. This is particularly true in adolescents where “over 60 percent of adolescents in community-based substance use disorder treatment programmes also meet diagnostic criteria for another mental illness.”

We know Henri van Breda killed his family - but what made him do it?

 

[JudgeJudi]

Family dynamics

Lawyer, Barry Varkel‚ raised the issue of high-achieving entrepreneurs who cast a pall of expectation over their children‚ only to feel deep disappointment when they don’t perform in that way. That‚ of course‚ happens in countless families‚ and doesn’t end in murder. But if a personality disorder‚ or a folie a deux‚ or a drug-induced psychosis‚ for example‚ are thrown into the mix‚ that is when a harsh family dynamic can end in bloody murder.

There has been no suggestion whatsoever that Martin was abusive towards Henri. What did emerge in court however was that he wanted the best from his children and put pressure on them to succeed in the same way he had - even as he provided every privilege that money can buy.

Martin’s brother, Andre, testified that he had raised his children to do their best‚ and that Martin himself had been a highly astute and successful businessman. Could one take this along a trajectory and imagine‚ behind closed gates‚ Martin constantly telling Henri he was a loser and a dropout?

Family friends also told the press he had always seemed a bit of a “black sheep” against the backdrop of the “perfect” Van Breda family as a child. Especially when contrasted with brother Rudi who was gorgeous‚ sporty and academic‚ who had a winning smile‚ and turned everything he touched to gold‚ could Henri have snapped?

Forensic pathologists testified in court that Rudi was attacked first‚ and the most viciously of all the victims. Was this a pure rage of Biblical proportion that began with one ego-bruised brother killing another who carried a halo? It seems extreme. But then bring drug addiction into the mix, or psychopathy, or both. Suddenly you have the makings of a family murder.

We know Henri van Breda killed his family - but what made him do it?

 

[L2L]

L2L, thank you so much for this brilliant article. I’ve broken it up into sections.

Psychopathy

For the public‚ the question of motive still hangs over this whole brutal case. There is no definitive answer‚ but much to think about. First and foremost is the obvious question of mental illness: Could Henri be a psychopath?

Chillingly devoid of emotion‚ he had a matter-of-fact tone as he shared details of‚ for example‚ his mother lying and bleeding to death at the top of the staircase. Even re-enacting the murders (by the mythical intruder he had conjured up in his plea statement) brought no flicker of sadness to his eyes. Neither did it bring the shiftiness or shame one sees in the eyes of a liar in the act.

According to American researcher and neuroscientist Joshua Buckholtz‚ “a lack of emotion isn’t the only thing driving psychopaths”. His research found that their brains also “overvalue the pleasure associated with getting what they want” and this may result in “callous and manipulative acts”. Through his research‚ he found that “the brains of people with psychopathic tendencies are rich with dopamine‚ a reward chemical that makes us seek out pleasure”.

We know Henri van Breda killed his family - but what made him do it?

Thank you, JJ, for elaborating on this article. Agree it's one of the best. One comment struck me as particularly chilling and almost certainly applicable to this murderer, is that psychopaths "overvalue the pleasure associated with getting what they want." HvB resonated with this, to my mind, the minute he took the stand.

 

[tmar]

One comment struck me as particularly chilling and almost certainly applicable to this murderer, is that psychopaths "overvalue the pleasure associated with getting what they want." HvB resonated with this, to my mind, the minute he took the stand.

Yes, I agree L2L.
His '15 minutes' of fame: now he is the star in his eyes, not his brother, nor his father.

 

[JudgeJudi]

Please peeps, we need

over on the Rohde thread. His evidence in chief started 5 pages ago on p.17 #336. That's not too much to read. Cross-examination will probably start today.