Henri van Breda loses third attempt to appeal conviction, sentence

2019-05-22 17:15
Convicted murderer Henri van Breda during sentencing proceedings in the Western Cape High Court. (Jaco Marais/Gallo Images)

Convicted murderer Henri van Breda during sentencing proceedings in the Western Cape High Court. (Jaco Marais/Gallo Images)

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WATCH: Van Breda denied leave to appeal sentence

2018-08-20 10:07

Judge Siraj Desai denied triple axe murderer Henri van Breda leave to appeal his sentence on Monday. Watch. WATCH

Supreme Court of Appeal Judge President Mandisa Maya has dismissed triple axe murderer Henri van Breda's latest application for leave to appeal his conviction and sentence.

The order was handed down on Friday last week.

Judge Maya said "no exceptional circumstances warranting reconsideration or variation of the decision refusing the application for leave to appeal have been established".

Three judges of the SCA had previously dismissed an initial application for leave to appeal in September 2018.

The Superior Courts Act allows applicants to petition the Judge President of the SCA on a decision already taken by three SCA judges.

Van Breda's attorney Lorinda van Niekerk said the dismissal was a disappointment but they would study the SCA's outcome and consider a way forward. 

"I have received the news and we are obviously disappointed with the outcome but that’s the order of the SCA."

Van Niekerk said she was at this stage not sure of the steps they would take and whether they would be heading to the Constitutional Court.

"At this stage, I don't know. I just received the news today so I have hardly considered the outcome and the way forward. We will do that in due course," she added.

Van Niekerk said in September they could not confirm if they would take the matter to the Constitutional Court if unsuccessful at the SCA.

This was Van Breda's third failed attempt to apply for leave to appeal. His first bid was dismissed in the Western Cape High Court last August.

Van Breda was sentenced to three life terms for the murders of his parents and brother, and 15 years for the attempted murder of his sister last June.

He received a further 12-month sentence for obstructing the course of justice.

Van Breda had pleaded not guilty, blaming the crimes on an intruder who he claimed had breached their home in the De Zalze estate in Stellenbosch.

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