AS IT HAPPENED: Van Breda trial postponed, bail extended

2017-08-21 10:01

The trial of triple-murder accused Henri van Breda has been postponed to September 11 after Judge Siraj Desai found favour in the State's application for postponement, following the unavailability of the State's final witness.

News24 journalist Tammy Petersen is reporting from court.

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Last Updated at 05:03
21 Aug 11:38
Postponement date: September 11.

21 Aug 11:38
Application is in favour of the State.

21 Aug 11:37
No fault of the State, they find themselves in this position. That fact together with interest of justice must be considered with the fair trial rights of the accused.

21 Aug 11:37

High profile matter is not relevant in this matter.

Right to fair trial.


21 Aug 11:36

Botha and his Junior are being prejudiced, as they are in private practice.

Appreciates the inconvenience, but is mitigated that he is out on bail.


21 Aug 11:35
Refers to the expert being flown in.

21 Aug 11:35
Mr Botha has strenuously objected.

21 Aug 11:35
She has incidated if not available, they will explore other options.

21 Aug 11:35
Ms Galloway has submitted the evidence is relevant to the case.

21 Aug 11:34
The witness is the final witness for the State.

21 Aug 11:34
Desai says the trial has already run for over 30 court days.                        

21 Aug 10:50

21 Aug 10:43
Desai adjourns to weigh up the options. Expected to give his decision at 11:30

21 Aug 10:43

21 Aug 10:40

21 Aug 10:37
Botha says it's not the witnesses' fault he is ill, but it's also not his client's fault, Botha says.

21 Aug 10:36
Galloway told him on Saturday that Joubert wouldn't be available today. Botha says his client is fast running out of funds. The case is costing him a lot.

21 Aug 10:36
Advocate Botha says defence has booked their expert, Mr Steyl, who flew in from KZN. Incurred costs for him to be present.

21 Aug 10:35

Desai says the nature of his illness was shared in chambers.

Adv Galloway says should he not be fit to stand trial, they will "achieve some other means".

Two weeks will be enough for the witness to recover, but he has another case next week. The evidence he will be giving is circumstantial evidence, Galloway says.


21 Aug 10:33
State asks for further postponement. He is still physically in a position to stand, she says.

21 Aug 10:02

21 Aug 10:02

ICYMI:

Marli van Breda won't testify in brother's trial

Marli van Breda will not testify for the State in the triple murder trial of her brother.

The prosecution is expected to next week wrap up their case against the 22-year-old middle child of Martin and Teresa van Breda, accused of killing his parents and brother and attempting to murder his teenage sister two years ago.

Although the now 18-year-old was included on its witness list, she will not testify as she has not regained her memory. She has not yet been seen attending the trial.

The State's final witness, blood spatter analyst Captain Marius Joubert, will take to the stand on Monday.


21 Aug 10:01

ICYMI:

Henri van Breda's axe man has never been found - cop

Nobody matching the description Henri van Breda gave of the axe man he claimed killed his family has ever been found, the Western Cape High Court heard on Wednesday.

Police informants and the media were used to try and find the balaclava-clad man Van Breda had described, investigating officer Sergeant Marlon Appollis testified.

During cross-examination, Pieter Botha, for Van Breda, pointed out that the few details Henri gave police would not have been very helpful if they were searching for someone who had been wearing a balaclava.

"You would be surprised how often we trace suspects with such little information," Appollis responded. He is a seasoned detective with 14 years' experience. 

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