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

[Hag]

Thank you JudgeJudi for these two very interesting Posts. #764 and #765

 

[JudgeJudi]

Julian Jansen was also in court yesterday. He was sitting next to Nick van der Leek and was closest to the cameras.

 

[Jennifer17]

Galloway: There was a consultation between us and Marli van Breda and her counsel M’Lord and in an attempt to protect her privacy M’Lord, there was a wish expressed that we do not hand in her victim impact statement.

Very enlightening ... not. As we don't know the contents of her statement, we can only speculate. I'd like to know how it would affect her privacy.

I can understand that. She has given a statement in how it has affected her, that she wants the court to know, but he is still her brother, whom she once loved, and maybe still has some love for him. She doesn't want the world to know, although she allowed the judge to know.

 

[Hag]

Judge Desai seems to be doing his utmost to find a reason for leniency. HvB’s unexpected violence towards his own family, and the aftermath for his sister, lifelong, in my view should deny him leniency.

 

[JudgeJudi]

I can understand that. She has given a statement in how it has affected her, that she wants the court to know, but he is still her brother, whom she once loved, and maybe still has some love for him. She doesn't want the world to know, although she allowed the judge to know.

The judge won't know.

Galloway said, “I may just place on record at this point in time M’Lord , we are not - the State’s not going to give evidence nor are we going to hand in any victim impact statements to Court. We have addressed in our Heads the reasons why we are not doing so”.

 

[JudgeJudi]

Botha read a report containing a word unknown to Desai so he unsuccessfully tried to Google it. The word was euthymic.

Botha said, “He presented generally with an euthymic mood and was always calm”.

Euthymic - Relating to, or characterized by, euthymia.

“Euthymia is defined as a normal, tranquil mental state or mood”. It is often used to describe a stable mental state or mood in those affected with bipolar disorder that is neither manic nor depressive, yet is distinguishable from healthy controls.

Both the above quotes were taken directly from Wikipedia.

 

[Jennifer17]

The judge won't know.

Galloway said, “I may just place on record at this point in time M’Lord , we are not - the State’s not going to give evidence nor are we going to hand in any victim impact statements …”

If they are not handing them in, why bother taking them? Any of them?

 

[JudgeJudi]

If they are not handing them in, why bother taking them? Any of them?

There was probably only one (even though "them" was used) as Marli is the only surviving victim. I can only speculate.

 

[Jennifer17]

There was probably only one (even though "them" was used) as Marli is the only surviving victim. I can only speculate.

Relatives give victim impact statements, not only surviving victims.

 

[Tortoise]

I wonder if this line means he is not planning on an appeal:

Will we ever know why Henri #VanBreda killed his family? | Cape Argus

“In this case I am searching for a human factor to some degree that diminishes the sheer seriousness of the crime. Let him say something that affords me to apply mercy.

“I want to be guided by you to an extent. I am appealing for you to put before me some reason for the attacks. Some reason for me to apply mercy,” said Judge Desai.


Defence lawyer Pieter Botha said he had no substantial and compelling circumstances to submit on behalf of the accused.

He said Van Breda maintained his innocence and had accepted the court’s decision of premeditated murder.

“The only substantial and compelling circumstances is his youthfulness and that he has no previous conviction,” he said.

 

[Tortoise]

It seems an unusual thing to say if one is planning on appealing.

 

[Christelle]

Appealing is just postponing the inevitable. Let's see what happens after sentencing. That's usually when reality sets in.

 

[Dora in the field]

Botha said, “He presented generally with an euthymic mood and was always calm”.

Euthymic - Relating to, or characterized by, euthymia.

Euthymia is a greek word and it means good mood. When someone is euthymic they are cheerful, in a good mood.

 

[patCee]

I wonder if this line means he is not planning on an appeal:

Defence lawyer Pieter Botha said he had no substantial and compelling circumstances to submit on behalf of the accused.

He said Van Breda maintained his innocence and had accepted the court’s decision of premeditated murder.

“The only substantial and compelling circumstances is his youthfulness and that he has no previous conviction,” he said.

Surely these comments from Botha, on behalf of Henri, are tantamount to a confession, in particular the comment that is highlighted. I do understand that the court will view it differently, but.....

 

[JudgeJudi]

And yet Danielle never testified for Henri in court...She loves him, she's in court during sentencing, she gets up to embrace his extended family, but doesn't testify. There's a clue in there, isn't there?

Nick van der Leek (@HiRezLife) | Twitter

 

[LouP1209]

Good morning all, is there a live stream today? I've looked on News24/Enca/Twitter but can't see anything.

 

[JudgeJudi]

Good morning all, is there a live stream today? I've looked on News24/Enca/Twitter but can't see anything.

It's probably too early.

 

[JudgeJudi]

While we wait, you might like to read this.

While we wait, you might like to read these excerpts from the Judgment in The State vs DD (Don Steenkamp) who was 17 at the time. Just chilling. A link is attached for the whole Judgment.

"37. Twelfth: If the minor reacted as described by his relatives, and also by the investigating officer and further when he testified in court then it would be fair to say of him the deaths of his family left him cold; indifferent. He saw his father sprawled and full of blood. He looks at him and walks past. Next he sees his mother prostrate and bloodied and adopts a similar attitude. His beloved younger sister of 14 years, who was heavily wounded, strains every sinew, evidently to summon help; He has his cell phone with him. He does not call an ambulance or the police or a relative.

38. Thirteenth: Perhaps one of the most porous suggestions by the minor is that the farm-attacker would descent on the farm as a lone-ranger; would come on foot; would come unarmed; would evade the occupants of the house to reach the firearms at the furthest point in the house; kill the three deceased with their own weapons; spare the minor, who was with the intruder in the house, for no distinguishable reason from the others; leave R32 000,00 in cash and three wallets belonging to the three deceased containing wads of cash; walk away on foot when an appealing twin-cab Isuzu were there for the taking This Rambo is now once more unarmed. Perhaps when confronted by the police or the Neighbourhood Watch he would stick up his hands in the air and say: Sorry, I got lost. If this was true, the attacker would be dubbed the dumbest farm-attacker ever in South Africa.

58. Why did the minor escape totally unscathed? Why was the killer so kind-hearted towards the accused minor? Nonchalantly, he replied that he does not know. Mr Coetzee argued that it is for the State to supply the answer to its own questions. The State is not required to prove a negative or what was peculiarly within the contemplation of an accused’s mind at all relevant times.

59. I have deliberately refrained from commenting adversely or attaching any significance to the minors demeanour in the witness stand due to the length of the trial and that at 17 he is but a child who was subjected to searching but fair cross-examination. Except that I must say this: In the witness stand he showed no emotions. He has a strong voice and was assertive and confident. Even when he was painted into a corner he was not flushed. He never stammered or tripped over his words, even when he lied blatantly. He has a strong character. He is certainly not a wilting violet".

http://www.saflii.org/za/cases/ZANCHC/2014/9.html

 

[JudgeJudi]

While we wait, you might like to read these excerpts from the Judgment in The State vs DD (Don Steenkamp) who was 17 at the time. Just chilling.

"37. Twelfth: If the minor reacted as described by his relatives, and also by the investigating officer and further when he testified in court then it would be fair to say of him the deaths of his family left him cold; indifferent. He saw his father sprawled and full of blood. He looks at him and walks past. Next he sees his mother prostrate and bloodied and adopts a similar attitude. His beloved younger sister of 14 years, who was heavily wounded, strains every sinew, evidently to summon help; He has his cell phone with him. He does not call an ambulance or the police or a relative.

38. Thirteenth: Perhaps one of the most porous suggestions by the minor is that the farm-attacker would descent on the farm as a lone-ranger; would come on foot; would come unarmed; would evade the occupants of the house to reach the firearms at the furthest point in the house; kill the three deceased with their own weapons; spare the minor, who was with the intruder in the house, for no distinguishable reason from the others; leave R32 000,00 in cash and three wallets belonging to the three deceased containing wads of cash; walk away on foot when an appealing twin-cab Isuzu were there for the taking This Rambo is now once more unarmed. Perhaps when confronted by the police or the Neighbourhood Watch he would stick up his hands in the air and say: Sorry, I got lost. If this was true, the attacker would be dubbed the dumbest farm-attacker ever in South Africa.

58. Why did the minor escape totally unscathed? Why was the killer so kind-hearted towards the accused minor? Nonchalantly, he replied that he does not know. Mr Coetzee argued that it is for the State to supply the answer to its own questions. The State is not required to prove a negative or what was peculiarly within the contemplation of an accused’s mind at all relevant times.

59. I have deliberately refrained from commenting adversely or attaching any significance to the minors demeanour in the witness stand due to the length of the trial and that at 17 he is but a child who was subjected to searching but fair cross-examination. Except that I must say this: In the witness stand he showed no emotions. He has a strong voice and was assertive and confident. Even when he was painted into a corner he was not flushed. He never stammered or tripped over his words, even when he lied blatantly. He has a strong character. He is certainly not a wilting violet".

www.saflii.org/za/cases/ZANCHC/2014/9.html

 

[L2L]

Thanks for that link, JJ. Could be said exactly of HvB. Spine-chilling!