Killer’s team off to SCA
Last-ditch chance for Van Breda to appeal his conviction and sentence
CONVICTED triple axe murderer Henri van Breda’slawyers will approach the Supreme Court of Appeal (SCA) directly to appeal his conviction and sentence. Yesterday, Van Breda’s lawyer, advocate Pieter Botha told journalists he would be filing the papers within 15 days.
This followed an unsuccessful application for leave to appeal brought before Western Cape High Court Judge Siraj Desai.
In his judgment, Judge Desai said Botha didn’t advance any compelling reasons why an appeal should be heard.
He said Botha’s argument were similar to those argued in trial.
“Evidence established conclusively indicated that the applicant (Van Breda) was responsible for committing the offences.
“There is no room for any real doubt and little has been said about how another court can come to a different decision,” said Judge Desai.
National Prosecuting Authority (NPA) regional spokesperson Eric Ntabazalila welcomed the court’s ruling and said no other court would come to a different conclusion.
Ntabazalila said Van Breda’s team has an option of approaching the full bench for an appeal or go to the SCA, as they have indicated they would.
Unlike the previous application for leave to appeal hearing last week, Van Breda’s girlfriend Danielle Janse Van Rensburg was not in attendance.
Van Breda pleaded not guilty to the murders. He claimed an intruder dressed in black with an Afrikaans laugh murdered his family and also attacked him, but he survived.
He was convicted in May for the murder of his parents and brother Rudi at the family’s De Zalze Estate home in Stellenbosch. He was also found guilty for the attempted murder of his sister Marli and defeating the ends of justice. Judge Desai sentenced him to three life sentences and 15 years for the attempted murder charge.
Last week, Botha argued the trial court erred and misdirected itself in finding that the circumstantial evidence presented by the State proved Van Breda’s guilty beyond reasonable doubt.
He said Van Breda is a young person who faced spending the rest of his life in jail based on circumstantial evidence.
“There is a reasonable prospect that the Supreme Court of Appeal (SCA) will come to different conclusion on facts,” he said. – zodidi.dano@inl.co.za