Van Breda's lawyer gets a pause for thought

25 October 2017 - 16:07 By Tanya Farber
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Murder accused Henri van Breda in the Western Cape High Court.
Murder accused Henri van Breda in the Western Cape High Court.
Image: Ruvan Boshoff

With 51 days done and dusted‚ the Henri van Breda axe murder trial could be nearing its end.

Van Breda pleads not guilty to axing his mother‚ father and brother to death‚ and on Wednesday his defence counsel‚ Piet Botha‚ asked the High Court in Cape Town for a postponement until Monday as he is “still deciding whether or not to call two other witnesses”.

His most anticipated decision is around his client‚ the poker-faced young man who initially was down to testify — until Botha did an about-turn and said he probably would not do so.

Should no further witnesses be called‚ evidence in the trial — which has seen neighbours‚ doctors‚ forensic pathologists‚ domestic workers‚ family members‚ ex-lovers‚ security personnel and a myriad others in the witness stand — will have ended on a drab note that nonetheless comes full circle.

The trial began in May with the hotly debated issue of security in and around the luxury De Zalze estate near Stellenbosch‚ and on Wednesday the defence called Jaco Pietersen‚ security manager from January 2013 to February 2014.

Pietersen said the estate’s fencing was a “security concern” because it was old and could not protect residents as efficiently as modern alternatives.

Also‚ “access cards were an issue” since residents were “lending them all the time to family and friends and other people” — a situation which jeopardised security.

Pietersen pointed to other incidents at the estate‚ saying that although none was serious‚ they proved it was possible for a criminal to gain access‚ especially since only a third of the 8km perimeter fence was under permanent camera surveillance.

In May‚ the state argued that it was clear no “intruder in a balaclava” — as alleged in Van Breda’s plea statement — had breached the estate’s perimeter in January 2015 before attacking Teresa‚ Martin‚ Rudi and Marli van Breda with an axe. Marli survived the attack with retrograde amnesia and the battle scars of surgery on her head.

Galloway said there were no signs of an entry‚ no breach of the perimeter and no evidence that a criminal had come in and killed the three family members.

The defence‚ however‚ insisted that the purported utopian existence inside the gated community was not quite as the brochures would have it.

From days three to day seven‚ the state emphasised “the hi-tech system” used to keep intruders out while the defence poked holes in the claim‚ pointing fingers at the system‚ human error and possible loopholes.

The case continues on Monday.


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