Van Breda applying to SCA for leave to appeal

2018-09-08 13:35
PHOTO: Getty Images

PHOTO: Getty Images

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Triple-axe murderer Henri van Breda is applying to the Supreme Court of Appeal in Bloemfontein to challenge his conviction and sentence, his laywer said on Saturday.

"We intend on applying for leave to appeal," said defence attorney Lorinda van Niekerk.

"It is to appeal the conviction and the sentence," she said.

"We intended to file them on Friday but we are not sure if they went in."

His legal team will apply for leave to appeal the conviction and sentence handed down by Judge Siraj Desai in the Western Cape High Court.

The application involves reams of paperwork with the court rules stipulating that it is made in triplicate with copies of the judgment and other orders of the courts the matter was previously heard in also handed in.

The affidavit motivating for leave to appeal is understood to be 30 pages long.

The rules also stipulate that every affidavit in answer to an application for leave to appeal must be lodged in triplicate within one month after service of the application on the respondent - indicating that there is still a long road ahead for the defence team.

Van Breda was found guilty in May of the murders of his mother Teresa, father Martin and brother Rudi on January 27, 2015.

He was also found guilty of the attempted murder of his sister Marli, who survived, and of defeating the ends of justice.

READ: 11 facts that led to Henri van Breda's conviction

He had pleaded not guilty, blaming it on an intruder who breached their home in De Zalze estate in Stellenbosch.

In June he was sentenced to three life terms for the murders, and 15 years for the attempted murder of his sister.

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

Van Niekerk said she did not know yet whether the filing of the papers at the court in Bloemfontein had taken place yet, and would know on Monday when it opened.

Western Cape Director for Public Prosecutions Rodney De Kock said they had been told of this intention to approach the SCA, but had not seen the papers yet.

The Western Cape High Court turned down an application for leave to appeal.


Read more on:    supreme court of appeal  |  henri van breda  |  cape town  |  crime

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