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

Discussion in 'Trials' started by PrimeSuspect, Jan 28, 2015.

  1. PrimeSuspect

    PrimeSuspect Well-Known Member

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    Son held after Perth family slaughtered in South Africa axe attack


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    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/20...-perth-family-in-s-africa#bhHgqIUmxzzrrA1M.99

    Thread #1
     
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  3. Harmony 2

    Harmony 2 Administrator Staff Member Administrator Moderator

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  4. Tortoise

    Tortoise Well-Known Member

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    The #vanbreda trial is postponed to 12 February 2018.

    https://twitter.com/CapeTownEtc


    Adv Botha points out court goes on recess in 2 weeks, suggests matter be postponed until next year. Fairly complicated matter, Judge Desai says. Postpones until 12 February for arguments, followed by adjournment for judgement a few weeks later.

    https://twitter.com/TeamNews24

    Just copying over the last reporter's tweets of 29th November 2017, from the previous thread.
     
  5. Tortoise

    Tortoise Well-Known Member

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    This one deserves to be resurrected from the previous thread too (credit to JudgeJudi)

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  6. JudgeJudi

    JudgeJudi Well-Known Member

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    Just :bed: :bed: :bed: :bed: until final arguments.
     
  7. JudgeJudi

    JudgeJudi Well-Known Member

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    Totally O/T, but enjoy a few minutes of fun here before our blood pressure rises when we revisit the horrors of this trial.
     
  8. bleuboy

    bleuboy Active Member

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    I feel like I've waited a full year for these closing arguments. They better be mind blowing, they have had that much time to prepare them.
    Will this trial go in the history books for the longest trial ever lol...:laughing:
     
  9. Lola68

    Lola68 Active Member

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  10. Estelle

    Estelle Well-Known Member

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    Today is the day we have all been waiting for!

    Just came across this:

    An Excerpt from DIABLO: Henri Van Breda by Nick van der Leek

    From the chapter

    Into Darkness

    https://shakedowntitle.com/2017/12/06/an-excerpt-from-diablo-henri-van-breda/

    Nick seems to have studied HvB's body language. So what does blinking mean?

    Liars are exposed by blinking

    Researchers believe the increased effort involved in telling fibs could be the reason why liars do not blink during the act of lying.

    Dr Leal said: "Liars must need to make up their stories and must monitor their fabrication so that they are plausible and adhere to everything the observer knows or might find out.

    "In addition, liars must remember their earlier statements, so that they appear consistent when re-telling their story, and know what they told to whom. Liars will be more inclined than truth tellers to monitor and control their demeanour so they will appear honest.

    "The reasons why there is a flurry of blinks after the lie is not really clear. It may be that this flurry is a kind of safety valve, like a release of energy after the tension of lying."

    http://www.telegraph.co.uk/news/2589073/Liars-are-exposed-by-blinking.html
     
  11. Estelle

    Estelle Well-Known Member

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    Van Breda: Monday’s Closing Arguments – what to expect?

    More than three years have passed since the grotesque triple murders that rocked the affluent De Zalze Estate in Stellenbosch on January 27th, 2015. Monday, February 12, 2018 will mark the 64th day of this extraordinary trial, a trial about a third longer than the Oscar Pistorius trial which stretched to 43 days.

    During the three month hiatus since Judge Desai reluctantly postponed proceedings [at the behest of Henri’s advocate Pieter Botha], Henri and his girlfriend have relocated yet again, while Marli continues to live with a teacher in an undisclosed location. Marli would also have received her matric results some time in early January.

    On February 12th, when the court reconvenes, what can we expect?

    Expect fireworks. The public are often of the view that the first day of a trial, and the last day, and perhaps the accused’s evidence, are the sum total of a trial. The closing arguments are a distillation from opposing counsels of matters of fact. A certain amount of conjuring is done here, to persuade a judge either that there is absolute certainty on a particular issue, or that there is absolute uncertainty. Both counsels must juggle which facts they wish to bolster, which facts of the defense [common cause] they wish to use against the opposing case, and how best to discredit or otherwise make a mess of opposing argument, while making their own seem logical and consistent. Although a guilty person may have certain truths playing against them, the fact is, a defense counsel has access to the accused, and thus is in possession of a much greater context of information, which can be used to poke holes in a prosecutor’s contentions and speculations.

    https://shakedowntitle.com/2018/02/11/van-breda-mondays-closing-arguments-what-to-expect/
     
  12. Estelle

    Estelle Well-Known Member

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    First strike. Advocate Susan Galloway will go first, presenting the state’s final closing arguments. These are likely to fill at least the morning session. Going first has a few advantages. The state starts with a clean slate, and if their arguments are clear and vivid, they can powerfully shape and control the mindset no matter what comes afterward.

    How long will the arguments last? In the Pistorius case, Gerrie Nel’s closing arguments on August 8th, 2014 [about 18 months after the incident] lasted all day, until 15:00. Once the state was done, Barry Roux asked for an adjournment so he could marinade in the state’s contentions, and kick off with his own, perhaps slightly fine-tuned arguments the next morning. Even Oscar packed away his notebooks as a subtle nudge to indicate his preferences. Judge Masipa consulted with court officials and then elected to sit for “another half hour.” Roux’s closing arguments were thus broken into two segments, but effectively, he also got the last word.

    Getting the last word, especially if one provides powerful insights, twists and turns right at the end, can and sometimes does change the outcome of case. Think of Johnny Chochrane’s famous closing: “if it doesn’t fit, you must acquit.” So yes, a closing can discolor the original mindset portrayed by a prosecutor, and foist the all-important doubt onto a court that a defense must rely on to get their client off the hook. Expect Botha’s epilepsy narrative to feature strongly as their “game-changer”.

    Closing arguments will not only summarize the respective cases, they also serve to highlight and emphasize the strongest points from each side.

    What do you think is the strongest aspect of Galloway’s case?

    What’s the strongest element of Botha’s case? Does he even have a case?


    https://shakedowntitle.com/2018/02/11/van-breda-mondays-closing-arguments-what-to-expect/
     
  13. Estelle

    Estelle Well-Known Member

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    After closing arguments, court adjourns so the judge [there are no juries in South Africa] can apply his or her mind to the case. In the Pistorius case, the adjournment was for about a month. Arguments were heard on August 8th and 9th, and Masipa adjourned until September 11th. The verdict phase in the Pistorius case lasted two days, and shoddy as the original verdict from the court a quo was at the time, it was unanimous. Masipa and her two assessors inexplicably found Oscar not guilty of murder, premeditated or otherwise.

    After the verdict is it over? Three months after Oscar was found guilty of culpable homicide and sentenced to a ridiculous 10 months imprisonment [effectively], the state applied for leave to appeal, and Masipa granted it. Judge’s usually grant appeals, although Masipa refused leave to appeal when the state applied after the second sentence – 6 years for murder – was seen to be too light as well. The state then applied directly to the Supreme Court of Appeal, who granted the appeal and directly elected to sentence Oscar themselves [to an effective 15 years, less time already served].

    In the Van Breda case, I expect there to be an appeal after the verdict, which suggests that although the Van Breda case appears to be over at the beginning of 2018, in fact, it’s likely to be a long period of legal struggle, in my view, for Henri.

    Bear in mind that five years after Reeva Steenkamp’s murder, that case still hasn’t been concluded either. Oscar has appealed the Supreme Court’s sentence, to the Constitutional Court, and presently remains in legal limbo. The state have filed opposing papers, and now the Constitutional Court must decide whether it’s willing to consider Oscar’s application. The Constitutional Court usually doesn’t involve itself in ordinary criminal cases.

    Only the mega rich have the resources to take their cases through the legal washer, and so it’s a matter of access to his enormous inheritance, whether Henri will follow the path pioneered by South Africa’s highest-profile convicted murderer yet.

    https://shakedowntitle.com/2018/02/11/van-breda-mondays-closing-arguments-what-to-expect/
     
  14. JudgeJudi

    JudgeJudi Well-Known Member

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    We are back at the Cape Town high court this morning, if all goes well Adv Galloway will commence her closing arguments, stringing together a mound of circumstantial evidence to convince the court that Henri killed his family that night

    https://twitter.com/traceyams?lang=en
     
  15. JudgeJudi

    JudgeJudi Well-Known Member

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  16. PrimeSuspect

    PrimeSuspect Well-Known Member

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    Hi everyone :wave:, I hope you all had a nice Christmas, holidays and New Year. Lets hope all goes well for the state and no more unnecessary delays!

    Enjoy!


    [​IMG]
     
  17. Fluffykins

    Fluffykins Well-Known Member

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    What a beautiful spread, Prime! Yum!! And gosh but that is pretty china.
     
  18. L2L

    L2L Active Member

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    Oh! I've so missed these goodies, Prime! Fingers crossed for today!
     
  19. Fluffykins

    Fluffykins Well-Known Member

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    No evidence of any intruders in the home.
    No security evidence of any intruders on the estate.
    The murderer knew where the axe was stored.
    HvB's injuries self inflicted.
    I'm confident Judge Desai will make the right call.
     
  20. PrimeSuspect

    PrimeSuspect Well-Known Member

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    https://twitter.com/AJGMolyneaux @TimesLIVE

    It's been months since Henri #vanbreda entered the CT High Court for the 3-murder trial against him. But holidays are over & closing arguments are due before Judge Desai passes his judgement. Here's a summary of state's case: 📽️ https://content.jwplatform.com/previews/9ZYhOEG3-oCqBX9WR … I'll see you in court


    Henri told me he is attempting to save water in drought-stricken Cape Town by shaving his head before his triple-murder trial’s closing arguments in the High Court today.

    [​IMG]
     
  21. Fluffykins

    Fluffykins Well-Known Member

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    RSBM

    For heaven's sake, it's only made him look all the more menacing! What an idiot!! :doh:
     

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