Murder remains mystery

Judge struggles to find Van Breda ‘human factor’

THE REASON why convicted killer Henri van Breda wiped out nearly his entire family with an axe will remain unanswered and locked up with him, probably forever.

Western Cape High Court judge Siraj Desai was at pains to find any indication of mitigation and even pleaded with the murderer’s lawyer to provide such, but to no avail.

“In this case I am searching for a human factor to some degree that diminishes the sheer seriousness of the crime. Let him say something that affords me to apply mercy.

“I want to be guided by you to an extent. I am appealing for you to put before me some reason for the attacks. Some reason for me to apply mercy,” said Judge Desai.

Defence lawyer Pieter Botha said he had no substantial and compelling circumstances to submit on behalf of the accused.

He said Van Breda maintained his innocence and had accepted the court’s decision of premeditated murder.

“The only substantial and compelling circumstances is his youthfulness and that he has no previous conviction,” he said.

Botha said he was at pains to make the submission.

“I have canvassed this aspect with my client after the judgment and weeks before the trial started. I can’t canvass it any further.”

Van Breda was convicted on May 21 for the murder of his parents, Martin and Teresa van Breda, and older brother Rudi. He was also found guilty of the attempted murder of his sister, Marli, and defeating the ends of justice.

Botha handed a National Institute for Crime Prevention and the Reintegration of Offenders (Nicro) report formulated by social worker Arina Smit confirming Van Breda attended weekly counselling sessions from December last year until May 18.

The report was based on interviews with the accused and his girlfriend, who was often in court but did not attend yesterday’s proceedings. Members of his family were also present in court, his uncle, but no interviews were done with them.

Smit’s report is that Van Breda came from a close-knit family that had no financial problems. There was no dysfunction.

He was close to his brother and they shared a room at their Stellenbosch De Zalze home, where the attack happened on January 27, 2015.

“The accused noted that he could turn to both parents for advice, depending on what advice he needed. He spoke highly of his mother. In this sense one could establish that the accused’s mother was his primary attachment figure. According to Van Breda’s girlfriend, he treated her like a princess. She said even after the incident he would help her with maths and science homework,” the social worker wrote.

Smit said Van Breda did not present any conduct or development problems.

“He found it emotionally difficult to deal with the deaths of his family members and was appropriately emotional when this was raised in counselling,” Smit wrote.

State prosecutor Susan Galloway argued for life imprisonment. “Marli and her counsel, to protect her privacy, have opted not to give a statement. She has lost her family, her home, lost everything and nothing will ever be the same for her.

“Despite her losing her memory she will go through life knowing her brother murdered her family and tried to kill her too.

“Even if there was no minimum sentence, a sentence of life would’ve been appropriate for this case,” said Galloway.