Van Breda doesn't even try to argue for a lighter sentence

05 June 2018 - 13:08 By Tanya Farber
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Henri van Breda appears in the Cape Town High Court during his sentencing hearing on June 5 2018.
Henri van Breda appears in the Cape Town High Court during his sentencing hearing on June 5 2018.
Image: Anthony Molyneaux

To argue for a lighter sentence than the minimum of life in prison would be to admit to the heinous crimes.

This was the stance taken by Henri van Breda’s counsel‚ advocate Piet Botha‚ in the High Court in Cape Town on Tuesday.

Van Breda‚ 23‚ faces the grim reality of the outcomes of his bloody crimes in the High Court this week‚ but must wait until Thursday to hear what the sentence is.

According to Botha‚ presenting heads of argument in the sentencing procedure‚ the accused “has maintained his innocence throughout”‚ and according to a report by a social worker is emotionally distressed by the loss of his family and thus cannot express remorse for a crime he says he did not commit.

“My client shows no remorse because he maintains his innocence and I cannot take it further than that‚” said Botha.

“I accept this‚” said Judge Siraj Desai‚ “and I accept that his failure to express remorse goes with his claim to surviving family members that he didn't do it‚ but what I am searching for is some human factor that to some degree diminishes the sheer seriousness of his crimes ... but nothing emerges.”

Botha conceded that “nothing emerges” and Desai then asked if the only inference he could make was that Van Breda had acted out of “innate wickedness”.

He even asked Botha if he wanted a few minutes with his client to reconsider what they were presenting in court.

But Botha would not budge. “Once your lordship made the finding‚ life sentence comes to play on counts one to three. I have canvassed this aspect with my client on several occasions‚ even the first time I met him one-and-a-half weeks after the crime. So I must repeat that I cannot take it any further.”

Desai said the number of life sentences would be a factor later when parole became an issue‚ and that Botha should at least consider that.

“He is a very young man‚” said Desai‚ “and he will still be a reasonably young man when it comes up for parole.”

But‚ said Botha‚ “as much as I would like to assist I cannot take it any further”.

Desai said: “Well‚ then sentencing will be relatively uncomplicated.”

Henri van Breda was found guilty on all counts against him. Here’s the moment Judge Desai found Henri van Breda guilty.

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