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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Matter adjourns until tomorrow. Adv Botha is only 2/3 through. Adv Galloway will then reply.
#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
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?
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.
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
Botha arguing that the State's DNA results were biased
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
Botha has tackled security, DNA evidence and blood splatter –
key evidence in the State's case against Henri van Breda
Blood from the axe dripped on Henri van Breda's heel, says
Botha
Botha argues that impact splatter evidence helps his case
According to case law, you can't have regard to samples that
have not been tested according to Standard Operating Procedures, Botha argues
Botha says the DNA result was not scientifically sound
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
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
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"
Judge Desai and Botha have mini debate on the neighbour's child
who woke up at 04:00
