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

[Interested Bystander]

I am in the UK and have been unable to log in on already posted links. I found the following link worked well, just in case you too are having trouble.

Henri’s Girlfriend And Aunt Speak Out As Footage From Inside De Zalze House Airs [Videos] – 2oceansvibe.com

Henri’s Girlfriend And Aunt Speak Out As Footage From Inside De Zalze House Airs [Videos]

 

[JudgeJudi]

Q & A with Teresa’s sister, Leentna Nell:

Q. Did you ever ask Henri if he did it?
A. No.

Q. Should you?
A. I, I didn’t think I could, but yes, I would.

Q. Isn’t that the one question that you almost have to ask? Tell me Henri, did you do this?
A. I wonder whether I’m, I’m not bothered now, whether he did it or not. I want to emotionally support him.”

The moment I nearly fell off the lounge.

 

[JudgeJudi]

Henri’s girlfriend breaks her silence

http://www.capetownetc.com/news/van-breda-trial/henris-girlfriend-breaks-her-silence/

 

[JudgeJudi]

'He told me everything': Henri van Breda's girlfriend breaks silence

https://www.timeslive.co.za/news/south-africa/2018-07-30-watch--he-told-me-everything-henri-van-bredas-girlfriend-breaks-silence/

 

[JudgeJudi]

Marli van Breda curatorship case postponed to 27 August

Marli van Breda curatorship case postponed to 27 August

I’m wondering if the delay may be linked to the pending application for leave to appeal to be heard on 14 August.

 

[L2L]

Henri van Breda is innocent: counsellor

Henri van Breda is innocent - Counsellor says.

Appeal to be heard in Western Cape High Court, Monday. I though it was Tuesday, 14th? Is this counsellor likely to give evidence at appeal?

 

[Fluffykins]

 

[Fluffykins]

WATCH LIVE: Henri van Breda's application for leave to appeal

 

[Fluffykins]

I have no idea how to do the Twitterer thing, but this:

Anthony Molyneaux @AJGMolyneaux
55m55 minutes ago

Judge Desai asks defense advocate Pieter Botha: “What did I do wrong, tell me? What
did I do wrong that should warrant a new trial?” #HenriVanBreda #VanBreda

- says to me Judge Desai is not going to allow Henri's appeal.

 

[tmar]

I have no idea how to do the Twitterer thing, but this:



- says to me Judge Desai is not going to allow Henri's appeal.

Tracey Stewart‏ @Traceyams 1h1 hour ago
Judge Desai: in fairness to you Mr Botha I am going to read your notice of appeal again and then I will hand down judgment on this matter on Friday 17 August 2018 at 10am @CapeTownEtc #vanbreda

 

[tmar]

Nick van der Leek‏ @HiRezLife
And with that, I don't think it was even half an hour, court is adjourned. Botha sounded not very optimistic when he muttered "as the court pleases". I don't think Desai believes he has a reasonable prospect of success, but then if there ever was an indefensible case... #Vanbreda

1:44 AM - 14 Aug 2018

 

[tmar]

Nick van der Leek‏ @HiRezLife

Galloway: "There might be...there is a potential motive..." Referring to witness hearing sound of men arguing loudly. DESAI: "That then creates a climate in which the events then occurred..." #VanBreda

 

[tmar]

I have no idea how to do the Twitterer thing, but this:



- says to me Judge Desai is not going to allow Henri's appeal.

Hi Fluffy, I'll send you a conversation, how I send twitters.

 

[Fluffykins]

Tracey Stewart‏ @Traceyams 1h1 hour ago
Judge Desai: in fairness to you Mr Botha I am going to read your notice of appeal again and then I will hand down judgment on this matter on Friday 17 August 2018 at 10am @CapeTownEtc #vanbreda

I read somewhere that it's actually going to be next Monday, so ... I dunno.

 

[tmar]

1. "What do you think of the attack Mr Botha led against [the neighbor]...she's a totally innocent bystander." Galloway says the timing of the film was totally wrong in terms of the commission of the crime. #VanBreda
2. 
   
3. Nick van der Leek‏ @HiRezLife 1h1 hour ago
   "You can ignore the DNA altogether, you come to the same conclusion." Quite right. Galloway says the same thing. #vanbreda
4. 
   

 

[tmar]

Nick van der Leek‏ @HiRezLife
Wow, sound quality very scratchy this morning. Galloway refers to Botha "nitpicking" circumstantial evidence. Says he is "missing the wood for the trees" which is causes one to "miss the mosaic." #vanbreda

1:38 AM - 14 Aug 2018

Nick van der Leek‏ @HiRezLife 2h2 hours ago

1. Now Galloway is up. #VanBreda The Judge asks her for assistance on sentence. "Do you understand what Mr. Botha is saying?"
   
   
   
2. Nick van der Leek‏ @HiRezLife 2h2 hours ago
   Botha is done. Must say I expected more from Botha. Nothing new here. #VanBreda
   

 

[tmar]

DESAI: "I was asking you for evidence in mitigation...any evidence which could have ameliorated [improved] his..." BOTHA: "I would have loved to have given you more than I did..." #VanBreda Botha adds that his client couldn't show remorse, he wasn't guilty. Er...and grief?

 

[tmar]

Desai: A post-ictal state could have occurred afterwards. This is the crux. The epileptic seizure happened after the crime. #VanBreda

1. Botha gesticulating extravagantly. Waving his arms, voice a roller-coaster. Judge wipes his nose. His voice is much lower, almost condescending. Can't say I blame him. #VanBreda
   
   
   
2. Nick van der Leek‏ @HiRezLife 2h2 hours ago
   #VanBreda Botha tells Judge another court "must" come to another conclusion. Judge reminds Botha about the "fundamental pillars"..."One rarely gets a case so strong..." Judge refers to "classic" self-inflicted injuries as a "pillar" Botha has left out.
   

1. #VanBreda Oh dear, Botha going on about the DeZalze estate's perimeter security.
   
   
   
2. Nick van der Leek‏ @HiRezLife 2h2 hours ago
   #VanBreda "The guilt of the accused is not the only reasonable inference..." That's a funny way of saying "there are other possibilities..." or "maybe he's not guilty". The Judge points out that the mosaic fits "perfectly". Asks: "Does it mean they'll come to another conclusion?"
   

 

[Interested Bystander]

If anyone wants to watch the appeal again there is a link below.
OVERVIEW: Judgment reserved in the Van Breda leave to appeal application

OVERVIEW: Judgment reserved in the Van Breda leave to appeal application

2018-08-14 09:53

Another case where Botha thinks raising his voice (shouting) and waving his arms around is going to aid his client. Desai, IMO, has been more than fair and offered Botha many chances to produce some sort of evidence which would allow him (Desai) to lessen the sentence.

I don't think this appeal is going anywhere but Desai still offers to read through again the appeal notes to make sure he hasn't missed anything that could warrant an appeal. A judge cannot be fairer than that.

I get the feeling that Desai would have preferred not to have imposed the mandatory sentences but was left with no choice. I find it very troubling (and confirmation of his deeds) that HvB has shown no grief whatsoever during this trial.

 

[JudgeJudi]

Sorry everyone, I had technical issues and it's long since over. Thank you IB for the link.

Here are Tracey's tweets:

Judge Desai arrives and Adv Botha commences. He advises that he has handed up his application and will summarise the legal principles. He says all the accused need do is convince the court that another court may possibly arrive at a different conclusion

Adv Botha confirms that he is applying for leave to appeal against both the convictions and the sentences

Adv B advises that he is abandoning the ground that another court may find that the murders were not pre-meditated and in such event the court would be free to consider afresh a sentence without the minimum of life sentence being applicable

Adv Botha raises the point that this is a young accused convicted purely on circumstantial evidence. Judge Desai has read his heads, you aren't relying on any irregularity you are saying the onus was not discharged?

Tracey Stewart (@Traceyams) | Twitter