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The Van Breda murder trial
This is one bloody mess

Today in court Captain Joubert was still being cross examined. Advocate Botha was asking about the blood flow on Henri's chest and of his forearm wounds. Botha showed a photo of blood on Henri's chest that deviates slightly to the left. Joubert said the reason for this could be from running after his attacker, his fall, fainting.

Joubert described the blood from his forearm wounds as both a flowing and a smear. Botha suggested this could be from falling and brushing against something.

There are numerous flow patterns on the face of Rudi van Breda, not all going the same direction. Joubert said he can't confirm which was created first. Joubert says deviations can be caused by saturation in his hair and the contours of his face. He said Rudi could have changed position after the first blow for the blood to flow in a different direction, he was lying on his back for a while to create the amount of blood. And quite possibly created some wipe patterns in his blood himself.

There are three transfer patterns: the plug, the wall and the bathroom entrance. Botha then said that Rudi was dead when his head pushed against the wall in the three places. Joubert agreed. Botha said but this is impossible for Henri would have been standing in the blood and there was no blood beneath his socks. Joubert argued that Rudi could have been dragged by his feet and this could explain the movement of his arms. There are many possibilities.

Botha wanted to know where the drag marks were. Joubert said for two thirds of the stain there is none but there are signs of it in the last part of the stain. Joubert said he didn't find any bloody marks on Rudi only smears from a bloody object making contact with the skin.

Botha asked where the anger comes from? Joubert said it's an opinion, and that he is not a behavioral analyst.

They moved on to the beginning of Henri's plea explanation, that he was on the toilet, not bothering to flush. There is a photo of the contents of the toilet. Henri heard more than one person in the house.

Botha then refers to pictures of the bedding after the crime, the bedding seems to be mistakenly have been switched according to notes. Joubert then referred to evidence photos which correspond with his labeling.

Galloway then reexamines Joubert. She asks if Henri made a call at 4:24 what the blood pools would have looked like? Joubert said that they would be liquid.
Galloway also asked for signs of someone fleeing? Joubert said there were no unidentified shoe prints, no blood drips from a weapon and there is no sign Marli was attacked with a different axe. Joubert said Marli's blood could have been missed when taking the swabs.

Joubert also said he asked during the investigation for an indication where Henri fell on the stairs but his reps wouldn't give more information. Also no information when he asked where Henri stood when he threw the axe.

The state then said Marli expressed she does not want to be made available to the defence, confirms that she still suffers from memory loss. She will not be testifying I'm the trial.

The case is adjourned until Thursday.

Oh fiddlesticks, no Marli testifying makes for one sad panda.

(09-19-2017, 01:05 PM)Purply Wrote: Oh fiddlesticks, no Marli testifying makes for one sad panda.

I thought you would be quite despondent, as am I. What a sad day. It seems the trial is coming to a close though.

Close, are you certain, it looks rather jumbled and scattered in it's current form from my point of view.

If I had to choose whether he is guilty or not I wouldn't be able to say with 100% certainty that he is, which leaves a rather fragmented picture in my mind's eye Sad

Let me not even start on why the girlfriend or even friends of Henri never reached the stand so that one could perhaps ascertain his state of mind leading up to the horrors that passed.

It truly boggles the mind at how little we really know about Henri at this stage in time.

Day 41 of the trial and the media is in shambles. Will Henri take the stand or no?

Advocate Botha said there's good cause for Henri to take the stand after the defence's witnesses. Albeit he is not certain Henri will actually take the stand.

Three experts and two lay witnesses are still expected to testify for the defence it seems. Botha called the state's evidence circumstantial. There is no direct evidence against his client.

Advocate Botha asked of Desai to let the expert witnesses go first and he will decide later whether Henri will take the stand. Botha said that at this stage of the trial he would not call Henri to testify.

State prosecutor Galloway said that similar to remaining silent, not testifying also has its consequences. She said that a plea explanation is not evidence before the court.

Botha said that his client is presumed innocent. His client has a right not to testify and to remain silent. The experts testify on evidence, not the plea explanation.

Judge Desai will give his decision on Henri van Breda's defence application on the 27th of September.

The court is adjourned.

Henri van Breda's application to testify has been dismissed by Desai. Desai said that there are no valid grounds for Henri to testify last and nothing prohibits him from amplifying or modifying his testimony when on the stand. Hence, Henri will not testify.

Great, now they will probably take a month off before giving the final verdict.

No information that I can find on the case or when it is set to resume. We have three final experts left for the defence after which a verdict is hopefully served without a hold up.

I must commend Carly, this woman does a better job than the news agencies. I do not think this thread gets the coverage it deserves.

I am mailing it to News24.

I appreciate that most greatly. Albeit most of my information is derived from our news sites. The only problem is they don't give all the information in their articles. I try to keep my posts short enough to read whilst making sure it is as complete as possible. The public deserves the truth and not just what the media decides to tell us. I do owe a big thank you to News 24 for their live tweeting when I can't be there.

And from the blue we are hit with news. Today the state asked for two days in prepreration to question the defence's expert in evidence, Antonel Olckers. Olckers is said to testify on the DNA and the question of foreign alleles in blood DNA which is said to have been found on the scene, under Henri's fingernail and on the duvet. She threw the SAPS laboratory under the bus in saying they aren't accredited and didn't follow standard procedures.

The state however, brushed this under the carpet as well as they could. We will see where we go from here when the questioning is underway.

Advocate Botha also said the defence team may need to withdraw as Henri does not have the funds to sustain the case much longer.

In all honesty I just want to hear the verdict already

I mean really, if I was being accused of murdering my entire family I would sure AF be on that stand arguing my innocence, but whatever.

We need a dedicated Trial TV channel on DSTV.

Albeit the media hype is there, it's not a nationally/internationally acclaimed case as it was with Oscar.

But for trials in general it would be very interesting if we had a channel for it.






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