GUILTY South Africa - Martin, 55, Theresa, 54, Rudi Van Breda, 22, Murdered, 26 Jan 2015 #6

[Tortoise]

June 4th 2019:

Axe murderer Henri van Breda's legal team is asking the Constitutional Court to grant him leave to appeal against the murder conviction and sentence imposed by Judge Desai in the Western Cape High Court on June 5, 2018.

An accompanying affidavit by Lorinda van Niekerk - an attorney and practising as a director at Cluver Markotter Incorporated - which was handed to the ConCourt on Tuesday in support of his application. [...]

The National Prosecuting Authority will file its replying affidavit next Friday.

 

[Tortoise]

Triple axe murderer Henri van Breda's application for leave to appeal his conviction and sentence raises a constitutional issue, as the onus had seemingly been on him to prove his version was reasonably, possibly true, papers filed at the Constitutional Court argue.

His attorney Lorinda van Niekerk said in an affidavit this week that this was an issue, as it was actually the State which was required to prove Van Breda's guilt beyond reasonable doubt.

This is Van Breda's fourth application for leave to appeal, having previously been denied by the Supreme Court of Appeal (SCA) on two occasions, and the Western Cape High Court.

[...]

Last month, Supreme Court of Appeal Judge President Mandisa Maya dismissed Van Breda's third application for leave to appeal his conviction and sentence.

Eric Ntabazalila, the National Prosecuting Authority spokesperson for the Western Cape region, said the State had until June 14 to file opposing papers in the Constitutional Court.

Court 'erred' in convicting, sentencing Henri Van Breda - defence ConCourt papers

 

[Tortoise]

The state has filed its response in the Con Court

State opposes Henri van Breda's Concourt appeal bid

 

[tmar]

The state has filed its response in the Con Court

State opposes Henri van Breda's Concourt appeal bid

Surely any money this Creep may have had, is now drained with Attorney fees, and there is no where else to go.

 

[JudgeJudi]

The ConCourt has dismissed HvB’s application for leave to appeal his conviction and sentence but granted him an application for condonation.

[HvB’s lawyers missed the deadline to apply for leave to appeal so sought condonation which is an extension of time to allow the late filing.]

"The Constitutional Court has considered the applications for condonation and leave to appeal.

It has concluded that the application for condonation should be granted but the application for leave to appeal should be dismissed as it does not engage this court’s jurisdiction and, in any event, bears no reasonable prospects of success” the judgment dated July 29, 2019 reads.

ConCourt dismisses Henri Van Breda's leave to appeal conviction and murder sentence

May he rot in prison forever.

 

[JudgeJudi]

An absolute waste of 3 beautiful lives.

RIP Martin, Teresa and Rudi



Husband and wife, Martin and Teresa Van Breda
Link for second image posted previously.

 

[JudgeJudi]

Sadly, Marli now has to try and make her way through life without her parents and Rudi. How does she live with the knowledge that her own brother murdered them all. I wish her well and hope she finds someone who will love her and bring some much needed happiness into her young life.



Marli van Breda: What happens next for the sister who survived?

 

[Kemug]

Marli would be better in another country, maybe in Canada where her aunt lives.

 

[Kemug]

And his girlfriend, that's another life he's ruined. I do hope she can move on one day.