Henri van Breda to learn outcome of appeal application on Monday
A decision on triple axe-murderer Henri van Breda’s leave to appeal application will be delivered on Monday.
Van Breda, who did not attend the court session, was found guilty of axing to death his father, mother and eldest brother.
He was also found guilty of attempting to murder his sister Marli, who survived the attack, but now suffers from retrograde amnesia.
Van Breda’s defence believes there is a chance his case will be heard by the Supreme Court of Appeal.
Piet Botha, his defence advocate, said there is a reasonable prospect that the court of appeal may come to a different conclusion regarding the proven facts, either by making different factual findings or by the court of appeal attaching more weight to amongst others concessions made by state witnesses in cross-examination.
Botha said if the court does agree with the guilty verdict, it may still give Van Breda less time in prison.
“There is a reasonable prospect that the state failed to prove beyond reasonable doubt that the applicant planned the murders or that the murders were premeditated,” he said.
“If the court of appeal agrees with us on that aspect, the mandatory life sentences fall away and the court will be free to consider a fresh sentence.”
Judge Siraj Desai passed commented during the defence’s arguments that there were no reasons advanced in mitigation of the case.
The defence believes this case is unprecedented due to the quantity of DNA, blood-stain, and complex medical evidence which were circumstantial.
Desai seems to agree, but for different reasons.
“I have never come across a case this strong as the accused in this instance, this thing fits like, a mosaic piece, like a jigsaw puzzle. If one comes to the conclusion I did, everything fits together, if not then this is left in the air,” the judge said.
The state argues that the defence is merely “nitpicking” at the evidence before the court.
Source: News24
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