AS IT HAPPENED: Defence works to undermine State's #VanBreda case

2018-02-13 15:30

Murder-accused Henri van Breda is facing closing arguments in the Western Cape High Court.

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Last Updated at 23:57

Matter adjourns until tomorrow. Adv Botha is only 2/3 through. Adv Galloway will then reply.

Judge Desai says its the third time Adv Botha mentions finances, using it as a defence. #VanBreda
— Tammy Petersen (@TammyPetersen87) February 13, 2018

#VanBreda didn't wear a balaclava and gloves, Adv Botha says. Why was not a single bit of DNA found on any of his family members?

Postmortem findings - Dr Anthony agreed with Dr Perumal's report that it was likely Rudi could still move after assault, even if not purposeful. He may have pulled duvet, Adv Botha says. #VanBreda

Judge Desai questions why someone would carry an axe to a home invasion. Adv Botha says gratuitous violence is rife in SA. #VanBreda
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Judge Desai tells Adv Botha the introduction of a second weapon dimishes the quality of his arguments. #VanBreda
— Tammy Petersen (@TammyPetersen87) February 13, 2018

No DNA of Marli on axe, despite being hit 8 times with it, nor on #VanBreda. Reade-Jahn in court said the axe was not the one he had seen at the family home.

Judge Desai asks if you go to a braai, do you study the axe of your host?

Judge Desai asks what is likelihood of an attacker entering the property with an axe?

Indicates Marli #VanBreda was attacked with another weapon, Adv Botha says, and Henri had said there was a possibility of a second attacker.
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Is there another reasonable possibility she was not attacked with the axe, Adv Botha asks. It's the only reasonable possibility or explanation, Adv Botha says. #VanBreda
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Judge Desai asks why there would be no trace of an intruder. Adv Botha says Lt Col Otto testified perpetrator would leave a trace, but not if he wore a balaclava or gloves.

Desai says there is no objective verification of an intruder.

State says Marli's injuries caused by axe. It was swabbed by two police officers. Not a single trace of Marli's DNA was found on the weapon, Adv Botha says. #VanBreda
— Tammy Petersen (@TammyPetersen87) February 13, 2018

No blood on #VanBreda's shorts belong to Marli and Teresa. Henri said he wasn't close to them when they were attacked.
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Judge Desai asks Botha to explain why no blood stains on upper part of #VanBreda's body. Henri asks to speak to Botha. He says it could have flaked off. If he was attacker, 1 would expect he would be drenched in blood. Does that not place him further away from attack, Botha asks.
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Debate on the location of blood splatter between Botha and Judge Desai

Desai asks Botha to explain the lack of blood stains in the upper part of Henri's body

If Dr Olckers wasn't brought in, the court would have been under impression that #VanBreda's mother and brother's DNA had been under his nails, on his shorts and in the shower, Adv Botha says.
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Dr Olckers pointed out the errors in Lt Col Oto's findings in terms of mix samples, Adv Botha says. #VanBreda
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Botha arguing that the State's DNA results were biased

His client handled the axe after being stabbed and shortly after Rudi was attacked. When #VanBreda threw axe and it hit the wall, blood was liquid enough to cause a flow pattern, Adv Botha says.
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Question on a matter of record momentarily throws Botha from course, but he is soon back to full voice

Evidence corroborates Henri's version of events, says Botha

Henri admitted that he handled the axe after the crime, says Botha

Blood stain in bathroom- a suspected print or a stain- in the bathroom could not have been #VanBreda, Botha says, because there was no blood under Henri's sock. No evidence proving Henri made this stain.
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Botha has tackled security, DNA evidence and blood splatter – key evidence in the State's case against Henri van Breda

Blood stains on #VanBreda does not mean he was the attacker, only places him in the immediate vicinity, Adv Botha says. Impact spatter on socks excludes possibility his client was wearing shoes and took it off. Blood on heel excludes him as attacker, faces away from event.
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Blood from the axe dripped on Henri van Breda's heel, says Botha

Botha argues that impact splatter evidence helps his case

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Adv Botha says SOPs not followed, lab not accredited, analyst didn't pass proficiency test. Dr Olckers found findings not scientifically reliable. To retest 155 samples would've meant #VanBreda would have been out fo funds a long time ago. Botha made decision not to test.

Lunch.
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Lunch adjournment

Judge Desai asks if he should reject the DNA evidence? Adv Botha says he can't rely on it. #VanBreda
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Why has SAPS lab not been able to get accreditation within last 16 years? They have been incapable of qualifying for accreditation, Adv Botha says. #VanBreda
— Tammy Petersen (@TammyPetersen87) February 13, 2018

SOPs followed in only 23 samples, Adv Botha says. What does this mean, Desai asks? Botha says if not followed, results can't be regarded. #VanBreda
— Tammy Petersen (@TammyPetersen87) February 13, 2018

According to case law, you can't have regard to samples that have not been tested according to Standard Operating Procedures, Botha argues

Adv Botha says Dr Olckers was right when said SAPS lab hadn't complied with SOPs in terms of same case being separated on worksheets to prevent cross-contamination. Findings not scientifically sound it procedure not followed. #VanBreda
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Judge Desai asks what impact does this have on case? Adv Botha says if you don't' have identity of the blood, State's "case is gone". #VanBreda
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Botha says the DNA result was not scientifically sound

Adv Botha now moving onto the DNA evidence. Judge Desai asks why Dr Olckers didn't test samples? Adv Botha says without Dr Olckers, we would still believe DNA of Henri, mother and Rudi was in shower, as well as other clarity surrounding mix samples. #VanBreda
— Tammy Petersen (@TammyPetersen87) February 13, 2018

The only thing that bothers me is that she could have simply rebutted the State's case, says Desai of Dr Antonel Olckers

Why did your expert witness not test the samples herself and say that they are wrong?

Desai tackles Dr Antonel Olckers

Botha says her evidence was valuable

Adv Botha says her bias was displayed when she said she didn't know at time that #VanBreda was busy attacking his family. When she testified she made a connection. Judge Desai says no, she slept through attack, she heard what happened prior. Asks why she would be biased.
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Desai argues: Why would a neighbour who doesn't even know you, come to testify against you?

Botha says he doesn't know why, except to say that it is there

Adv Botha maintains his client was a good witness. According to WO Hitchcock's recording of the scene, a DVD was next to TV, couch and pillows indicate that people had been watching tv. Adv Botha says she should have called security if she was concerned. #VanBreda
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Desai says the neighbours may not have wanted to interfere in the Van Breda household "fight".

"Where I grew up, everybody would rush out and join the fight"

Opt' Hof couldn't determine language, how many people involved, what was being said, Adv Botha says. Can we exclude it was coming from another house? Judge Desai says she was an objective witness. You suggesting she is dishonest? No, Botha says. Believes she was biased. #VanBreda
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Judge Desai and Botha have mini debate on the neighbour's child who woke up at 04:00

Adv Botha says security guard Wyngaard was 40m from #VanBreda house and was tasked with looking out for disturbances. He didn't hear anything. Annelize Taljaard, another neighbour, said she didn't hear anything.
— Tammy Petersen (@TammyPetersen87) February 13, 2018

Improbable that neither Henri nor Marli didn't tell their girlfriend/boyfriend that there was an argument in the #VanBreda house if there had been one, Adv Botha says.
— Tammy Petersen (@TammyPetersen87) February 13, 2018

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