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  1. #1
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    South Africa - Martin, 55, Theresa, 54, Rudi van Breda, 22, murdered, 26 Jan 2015 #2

    Son held after Perth family slaughtered in South Africa axe attack



    Martin van Breda, 55, his wife Theresa, 54, and son Rudi, 22, were found dead at their home.

    Three members of a Perth family have reportedly been murdered with an axe at their luxury South African home.
    Daughter Marli, 16, is in a critical condition, while another son, Henri, 20, was slightly injured.
    South African media have reported the victims were killed with an axe, and son Henri is assisting police with inquiries.

    http://www.9news.com.au/national/201...IUmxzzrrA1M.99

    Thread #1
    Last edited by Coldpizza; 05-19-2017 at 07:29 AM.

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    Dr Marianne Tiemensma‚ an expert in forensic pathology and clinical forensics‚ read out the two reports she had written after another doctor‚ Dr Lizette Albertse‚ had referred the Van Breda case to her.

    "The wounds are superficial‚ regular‚ equal in depth‚ parallel‚ and in areas reachable to the person‚" she told the court.

    Tiemensma said: "It is unlikely for the victim being attacked to stand still for wounds of that nature to be made. Those are not typical areas where one would find defensive wounds."
    She added later: "These stand in strong contrast to the fatal injuries the rest of the family suffered."

    ...


    Tiemensma also said she found it interesting that Van Breda's plea statement was so detailed when someone with a concussion would likely have remembered a lot less than that.
    This infuriated his defence counsel Piet Botha who then brought the court to a halt‚ accusing state advocate Susan Galloway of "ambushing"'‚ and "disadvantaging [my client]‚ and telling Judge Siraj Desai it had turned into a "trial by omission".

    http://www.timeslive.co.za/local/201...9A-court-hears

  3. #3
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    There is a glimmer of hope now, I feel more positive than yesterday.

    OH heard prolonged arguing that couldn't have come from houses either side.
    The ambulance dispatcher didn't believe Henri, he wasn't convincing.
    The expert thinks he inflicted his own injuries, the knife wouldn't have stayed in him at that depth, he would have had to be standing still to receive 4 parallel wounds in the same place, she casts doubt on him being unconscious for 4 hours
    It looks as if Henri cleaned his prints from the axe handle or wore gloves when he was holding the axe
    Intruder left no evidence
    Possibly Henri cleaned away his own footprints
    Henri wasn't afraid to come out and tackle the intruder after the family were massacred
    He stood next to the emergency numbers smoking
    The ladies in the family had no qualms about walking straight into the danger
    It's a BS story......

    More than enough evidence for a conviction.

  4. #4
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    Quote Originally Posted by JudgeJudi View Post
    [B]All[B] evidence should be treated seriously by both sides, no matter how insignificant. Compare Galloway's tactics with those of Botha. She doesn't get the most out of any of her witnesses while he maximises every single point, no matter how small. In fact he raises issues that she should have raised and uses them to the defence's advantage. It's the overall 'mosaic' as Nel used to say. Galloway has wasted so many opportunities. Botha isn't being pedantic, he's doing a brilliant job defending a client who appears to be 100% guilty. "Perry Mason" moments shouldn't happen in real life trials.
    I know you are well versed in the legal field and I value your knowledge but I am looking at it from a bystander's viewpoint (ie somebody who could well be a juror).

    I think Galloway is not doing her best at the moment and I agree she should be intervening more but she may have more "up her sleeve" and by today's performance it seems she very likely has.

    However Botha, to a lay person, appears to be doing everything he can to get a murderer off a guilty verdict. To me that is reprehensible. A good defence is always deserved, but arguing every point in minute detail the way he does, and is very well known for, shown by his historical success at getting murderers off, I find very irritating. That is, of course, why he is employed by persons very likely to be very guilty. I quite expect his expert witnesses will be 'in his pocket', much as we saw with Defence expert witnesses in the OP trial which is so very wrong. SA law has a long way to go to reach the standards of Australia and the UK.


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    Quote Originally Posted by Interested Bystander View Post
    I know you are well versed in the legal field and I value your knowledge but I am looking at it from a bystander's viewpoint (ie somebody who could well be a juror).

    I think Galloway is not doing her best at the moment and I agree she should be intervening more but she may have more "up her sleeve" and by today's performance it seems she very likely has.

    However Botha, to a lay person, appears to be doing everything he can to get a murderer off a guilty verdict. To me that is reprehensible. A good defence is always deserved, but arguing every point in minute detail the way he does, and is very well known for, shown by his historical success at getting murderers off, I find very irritating. That is, of course, why he is employed by persons very likely to be very guilty. I quite expect his expert witnesses will be 'in his pocket', much as we saw with Defence expert witnesses in the OP trial which is so very wrong. SA law has a long way to go to reach the standards of Australia and the UK.
    It's a cliché thing to say, but how does Botha sleep at night?! (Probably quite comfortably on silk sheets and fluffy pillows.)

    What Galloway has up her sleeve is HvB in the witness box after all the damning evidence presented against him!
    She's up against it though because Botha will demand HvB be treated like a victim and a hero! Only in SA!!

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    HvB should be the first to testify for the defence and I still think Galloway will save her best and most incriminating evidence until last. The blood spatter evidence, medical and post mortem evidence describing exactly what happened to all the victims, will rattle HvB. If their injuries are described in detail, expect the tears to flow. This will place him at a psychological disadvantage when he takes the stand and Galloway should, to use a popular idiom, go for the jugular.

    Last night I spent some time reading about jugular veins in order to understand how Marli could have survived for hours. Most of us have probably thought she would bleed out in a matter of minutes unless her throat was slit much later. That would definitely have happened if a carotid artery was cut.

    The carotid arteries are two major blood vessels that lie in the front of the neck on either side of the trachea (windpipe) and carry blood from the heart to the brain. If they are cut or severed, bright red blood would spurt out with each heartbeat. A severed carotid would render you unconscious within 1-3 minutes or less and death would quickly follow, usually within 3-5 minutes.

    The jugular is a vein and the blood is under much less pressure than an artery. There are four jugular veins, one internal and one external, on both left and right sides of the neck. These major veins carry deoxygenated blood from the brain towards the heart. They are relatively superficial and not protected by tissues such as bone or cartilage and this makes them susceptible to damage. Due to the large volumes of blood that flow through them, damaged jugular veins can quickly cause significant blood loss, which can lead to hypovolæmic shock and then death if not treated. You can survive much longer with a cut or severed jugular, as opposed to a carotid artery, but that’s usually as a result of pressure being applied to the wound and obviously this wouldn’t have happened with Marli. There are so many variables – which jugular vein, which side of the neck, were any other parts of the neck wounded, especially the trachea. I can’t provide any further useful info despite spending hours searching.

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    We seem to have lost nearly all our thanks on the swap over.


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    This video of the plea hearing (filmed from the right-hand side of the court as you look at the bench) contains a bit extra not included in the video with clearer audio.

    Botha is reading the General Averments – the facts which support HvB’s plea of not guilty.

    The relevant part commences at 14:05 re the exhibits of the post mortem examinations

    Exhibit K

    Rudi’s post mortem



    (4) That Dr Anthony noted the findings on the post mortem report No. WC/12/0034/2015 marked as Exhibit L. (It is not admitted that all these findings are correct)



  9. #9
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    Quote Originally Posted by JudgeJudi View Post
    This video of the plea hearing (filmed from the right-hand side of the court as you look at the bench) contains a bit extra not included in the video with clearer audio.

    Botha is reading the General Averments – the facts which support HvB’s plea of not guilty.

    The relevant part commences at 14:05 re the exhibits of the post mortem examinations

    Exhibit K

    Rudi’s post mortem



    (4) That Dr Anthony noted the findings on the post mortem report No. WC/12/0034/2015 marked as Exhibit L. (It is not admitted that all these findings are correct)


    Does this mean these finding haven't been tested/corroborated by another doctor?

    I couldn't catch HvB's birthdate, ? November, 94.

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    JJ, any guesses what this could mean. Is B suggesting some other injury to Rudi's body was found PM? I really struggle with the SA accent.
    Last edited by Interested Bystander; 05-20-2017 at 03:46 AM.



  11. #11
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    Did I also hear that blood samples WERE taken from HVB on 27 Jan which showed no drugs? However it didn't say alcohol was not present.


  12. #12
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    Quote Originally Posted by Interested Bystander View Post
    JJ, any guesses what this could mean. Is B suggesting some other injury to Rudi's body was found PM? I really struggle with the SA dialect.
    Hi IB, I have no idea what is meant by it either. I can only think that the pathologist said something that somehow incriminates HvB in some way.

    I'm fairly used to the accent now but I had to check what's in my next post several times.

  13. #13
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    Extract from HvB’s Plea Explanation

    “At some point long after we went to bed, I went to the bathroom to use the toilet as I had to move my bowels. I took my cell phone with me to play games. I did not switch on the light in the bathroom. I’m unsure how long I was in the bathroom when I suddenly heard several banging sounds that sounded close by. The sounds were so loud and strange that they startled me into investigating the source thereof. I stood up, pulled up my pants and moved towards the bathroom door which was only partially closed.

    I opened the bathroom door and looked in the direction of the banging sounds which emanated from the vicinity of Rudi’s bed. I could make out the silhouette of someone standing next to (between our two beds) or partially on Rudi’s bed. This person was busy attacking Rudi with an object which later transpired to be an axe. I initially stood frozen, trying to comprehend what was going on. I shouted for help, hoping to attract attention. I cannot remember what words I used. I also cannot recall whether I remained in the same position throughout the attack on Rudi.

    The bedroom light was suddenly switched on and my Dad came into the room. At this stage the attack with the axe on Rudi was still going on. As far as I could see, the attacker was dressed in dark clothes and he wore gloves and a balaclava type of mask. My dad immediately moved towards and onto the bed, over Rudi, towards the attacker who was on the opposite side of the bed. It looked as if he was trying to tackle the attacker or at least get between the attacker and Rudi. However, my Dad was struck with the axe as he lunged towards the attacker. His body went limp on the bed and I did not see him move again. Despite this, he was hit a number of times by the attacker with the axe. I also recall that the attacker was laughing whilst he attacked my Dad”.

    HvB was startled into investigating the sounds and then says he opened the door and looked in the direction of the sounds and could make out a silhouette. This obviously implies that he’s still in the bathroom.

    He then says the bedroom light was switched on and his dad came into the room. This is a huge mistake. If he was still in the bathroom he would have said “… my Dad went into the room”.

    Naturally he says he can’t recall whether he remained in the same position (in the bathroom) throughout the attack. If he investigated what was happening by going into the bedroom, that means he was in the bedroom and stood by doing nothing whilst Martin tried to protect Rudi from the attacker.

    From the above I now believe that:

    • once Rudi was asleep, he went to the toilet and left the bowel movement in the bowl as evidence that he was there when the attack commenced
    • returned to his bed for some time until he was sure the family were sound asleep
    • he went downstairs and retrieved the axe and knife
    • he returned to the bedroom and started his attack on Rudi. Rudi shouted/screamed
    • Rudi’s voice woke both parents and Teresa called out “What’s happening here?”
    • Martin raced into the bedroom, turned on the light, saw the attack and tried to protect Rudi

    The above is based solely on the plea explanation.

  14. #14
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    Quote Originally Posted by Interested Bystander View Post
    Did I also hear that blood samples WERE taken from HVB on 27 Jan which showed no drugs? However it didn't say alcohol was not present.
    At 20.40

    "No drugs could be detected in the blood specimen".

    There was no reference to alcohol testing, only hair and fingernail scrapings.

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    I'm finding this absolutely fascinating. It's like a book that you just can't put down. Will there be justice for Martin, Teresa, Rudi and Marli ... who could possibly say, but I wouldn't place money on it. There's no such think as a slam dunk in SA, not after OP and Dewani.

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