AS IT HAPPENED: #VanBreda defence witnesses 'mere speculation'

2018-02-12 15:00

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

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Last Updated at 04:41
15:08

15:05
#VanBreda set scene by injuring himself, tampering with the scene and gave misleading evidence to police, Galloway says. She concludes her arguments.

15:04

15:03

14:54
Galloway says Henri tried to mislead the police; gave false testimony

14:53
Galloway explains defeating the ends of justice

14:51

14:51
Dr Antonel Olckers faced a tough time on the stand under cross-examination

14:50
There was no actual contamination in any of the evidence, says Galloway. She concedes some "mistakes"

14:49

14:47
Dr Antonel Olckers obtained her PhD in molecular human genetics from the University of Pretoria (South Africa) with research performed at the Johns Hopkins Medical Institutions in Baltimore, US.

14:45

14:44
Dr Antonel Olckers does not qualify as an objective expert witness, says Galloway

14:43

14:42
Judge Desai questions the role of Dr Antonel Olckers. Calls her a fault finder, and argues that she doesn't do the "most fundamental thing"

14:39

14:36

14:36
Judge Desai and Advocate Galloway discuss reasons for "Henri wetting his pants"

14:33

14:33
Galloway concedes that Henri may suffer from epilepsy, but warns against the backdated the diagnosis

14:32

14:31
Galloway arguing for dismissal of defence witness evidence

14:29
We're back

14:29

Jansen interviewed family, friends and "key figures with insight"."

They paint a picture of parents who had been perplexed with their difficult 'loner' child," said Jansen, adding that Henri's drug addiction apparently led to "great discord" in the house and he was apparently angry at his parents who favoured his brother, Rudi, over him.


14:19

Journalist Julian Jansen was one of the first journalists on the scene and has been covering the case for Rapport.  

His book, The De Zalze Murders, "tells the story behind the newspaper headlines", offering insights that have not yet been publicly heard and highlighting the human side of the tragedy.  

"The Van Bredas of Stellenbosch were apparently the perfect family - rich, successful and popular. In the luxurious De Zalze estate they have a dream life. And then everything changes in an instant," he said.


13:58

On his final day in the witness stand, neurologist Dr James Butler said it was possible that Van Breda had committed the murders before suffering an epileptic seizure, which could explain why there was a two-hour-and-40-minute lapse before he phoned emergency services.

During cross-examination, Butler agreed that it was more probable that the possibly self-inflicted injuries would have occurred after the murders, but before the seizure and postictal state (recovery period after a seizure).


13:37

Marli van Breda asks not to be made available to brother's defence team, court hears

Marli van Breda has indicated to the State that she would not want to be made available to the defence, the Western Cape High Court heard


13:23

Van Breda trial: What the State witnesses said

Henri van Breda claimed that after a fight with the axe-wielding intruder, who was also armed with a knife, the man escaped.Here is a wrap of the State’s case.


13:14
Martin (54) and Teresa (55), and Rudi van Breda (22), were hacked to death in the early hours of January 27, 2015 on the luxurious De Zalze Winelands Golf Estate outside Stellenbosch in the Western Cape. Marli (18) survived the attack but has diagnosed with amnesia.

12:41

Desai has been a judge for more than 20 years and was born in Salt River, Cape Town.  

Desai was shortlisted for the position of Public Protector which went to Busisiwe Mkhwebane 

Judge Desai's notable cases:  

Murder trial of Najwa Petersen, who was handed a 28-year prison sentence in 2009 for her role in the murder of her husband, music legend Taliep Petersen.  

Trial of 14-year-old Valencia Farmer's killers. She was raped and stabbed 53 times in 1999.  

Desai led the post mortem investigation after former South African cricket captain Hansie Cronjé died in an airplane crash in 2002.


12:37
Judge Desai adjourns the matter

12:36

12:35

12:34
Desai asks about Dr Antonel Olckers' testimony – she criticised the evidence, but did not test the samples

12:32

12:30
Henri not only spoke slowly, but remained calm and unemotional during the call and contact with emergency responders

12:27

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The credibility of the accused is of the utmost importance. – Galloway questions Henri van Breda's medical condition

12:23
Galloway says Henri van Breda "never lost consciousness" before or after the incident

12:22

12:19
Galloway hammers the defence on the "burden" of irrelevant and inconsequential evidence

12:18

12:17
No evidence of rebuttal was ever submitted

12:17
State witnesses were harshly criticised

12:16
Galloway emphasises the differences between Henri and the rest of his family's injuries and their severity

12:15

12:14

12:13
"Impression left by the accused was a poor one" – Galloway on Henri van Breda testimony

12:12
Henri struggled to explain his actions under cross-examination, says Galloway

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