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

[JudgeJudi]

HvB’s legal team will apply for leave to appeal his conviction and sentence, his lawyer said on Saturday. "We intended to file them on Friday but we are not sure if they went in."

The application involves reams of paperwork with the court rules stipulating that it is made in triplicate with copies of the judgment and other orders of the courts the matter was previously heard in also handed in.

The affidavit motivating for leave to appeal is understood to be 30 pages long.

The rules also stipulate that every affidavit in answer to an application for leave to appeal must be lodged in triplicate within one month after service of the application on the respondent - indicating that there is still a long road ahead for the defence team.

Defence attorney, Lorinda Van Niekerk said she did not know yet whether the filing of the papers at the court in Bloemfontein had taken place yet, and would know on Monday when it opened.

Western Cape Director for Public Prosecutions said they had been told of this intention to approach the SCA, but had not seen the papers yet.

Van Breda applying to SCA for leave to appeal

 

[Interested Bystander]

Now 20 working days and no news about the appeal that I can find. Has anyone found anything?

 

[L2L]

Now 20 working days and no news about the appeal that I can find. Has anyone found anything?

Not a word, IB, but keeping a close watch!

 

[Interested Bystander]

I am wondering if HvB has admitted, rather late in the day, that he is guilty. Or, for reasons unbeknown to us, he no longer wishes to appeal to the SCA.

 

[tmar]

I am wondering if HvB has admitted, rather late in the day, that he is guilty. Or, for reasons unbeknown to us, he no longer wishes to appeal to the SCA.

That would be fantastic, if true

 

[Interested Bystander]

The rules for submitting an appeal to the SCA can be found here but, quite frankly, it looks as though there are get out clauses with respect to time restrictions at a number of levels.

SCA Rules

 

[JudgeJudi]

As we've heard nothing re the appeal, I've used Pistorius to give us a rough idea as to the timeline.

10 Sept. 2018: Defence filed notice to appeal.

State expected to file papers in mid-March (the court will be in recess for 2 weeks in December and all of January 2019).

mid-May 2019: SCA will confirm when appeal, if any, will be heard.

If granted, appeal to be heard circa June 2019

 

[Interested Bystander]

At last I have found something in the press about HvB’s intended appeal to the SCA. Dated 17th September, it seems the press have virtually ignored this piece of news. JJ’s estimate of when we will hear whether or not he gets the go ahead looks about right.

Henri van Breda approaches Supreme Court of Appeal
The triple murderer is pinning his hope on the Appeal court.

Convicted family axe murderer, Henri van Breda, has now approached the Supreme Court of Appeal in Bloemfontein after he was denied leave to appeal his conviction and sentence in the Western Cape High Court in June this year. The triple murderer is pinning his hope on the Appeal court to come to a different verdict.

Henri van Breda approaches Supreme Court of Appeal - SABC News - Breaking news, special reports, world, business, sport coverage of all South African current events. Africa's news leader.

 

[Tortoise]

ALERT: The Supreme Court of Appeal has rejected convicted murderer Henri van Breda’s leave to appeal his judgment and conviction. https://ewn.co.za/6mte8

Eyewitness News (@ewnupdates) | Twitter

 

[Tortoise]

The South African justice system has gone up in my estimation, since the days of Masipa/Pistorius.

Jason Rohde has also been found guilty of killing his wife Susan this morning!!

 

[Tortoise]

Henri’s petition to the SCA refused, pretty much closes the door on him, it would be a huge stretch to get this in front of the constitutional court. #vanbreda @CapeTownEtc

Tracey Stewart (@Traceyams) | Twitter

 

[Tortoise]

Van Niekerk said that she could not confirm whether they would be taking the matter to the Constitutional Court.

"We are considering our position. We have not yet decided on the next step," she said.

Henri van Breda loses his SCA bid to appeal conviction, sentence

Just admit it, it's over and he is where he belongs. He would chop your head off without flinching!

 

[JudgeJudi]

I'm glad to hear he'll never see the light of day again. No punishment is too great for this heinous cowardly killer. May he never rest in peace.

 

[Interested Bystander]

Brilliant news. Such an arrogant young man to think he had a chance when the evidence was overwhelming.

 

[Tortoise]

I don't think I've seen the written grounds of appeal. Probably the same nonsense as Botha argued to Judge Desai.

 

[Interested Bystander]

Apologies if this has already been posted elsewhere.

Marli will stay under curatorship until her 21st birthday which falls in October 2019. The age of majority in SA is 18. I wonder why she will not inherit now. It would be interesting to know the reasons now that HvB is serving life and will have no access to her inheritance.

"According to a statement on Friday by Louise Buikman‚ “in terms of the order granted by Justice [Robert] Henney today‚ my curatorship is extended until 29 November 2019”.

Marli was 16 when her brother killed their parents‚ Martin and Theresa‚ and older brother Rudi‚ and attempted to murder her‚ and turns 20 this year. She will be 21 in October 2019.

A report from Buikman‚ who was appointed as Marli's curator three years ago‚ was considered by the high court in Cape Town on Monday.

The rest of the week was required to “allow the trustees‚ who are parties to the application‚ to consider my report. The report and the court file remain confidential and will not be disclosed to the media‚” said Buikman."

Axe attack survivor Marli van Breda to remain under curatorship until she is 21

 

[tmar]

I guess HvB may spend time in prison with studies, reading etc.
I would think he would have access to newspapers.
Would he also have 'tasks/daily jobs' or would he be isolated?

 

[tmar]

I would love to hear, about HvB life in prison.
If he interacts with inmates, his daily routine.
Whether he is depressed +++, or his arrogant/entitled character continues.
A recent photo would be terrific.
Wonder if his girlfriend visits often, plus other family members.

 

[tmar]

Would HvB have interaction with other inmates?

 

[Tortoise]

Would HvB have interaction with other inmates?

I don't know tmar, interesting question. He is unpredictable and very dangerous but I don't know if SA's very overcrowded prisons segregate or categorize inmates. I certainly would be sleeping with one eye open if I shared a cell with him.

 

[Tortoise]

I'm surprised we haven't seen a copy of the grounds of appeal, I've checked on saflii but there is nothing for decisions in November or December with his name on. I suppose that means it was ripped up before it ever reached a hearing stage.