Defence delays Van Breda’s testimony

THE defence for triple-murder accused Henri van Breda told the Western Cape High Court yesterday that he would not call his client to testify “at this stage”.

Advocate Piet Botha said: “The most difficult decision a defence can take is whether to call a client or not. The evidence by the State is circumstantial. We intend calling expert witnesses and lay witnesses to counter that.”

When the State closes its case, the defence must decide whether it will call Van Breda to testify. In this case, Botha wants to do so only after his expert witnesses have testified.

This would create the possibility that Van Breda could tailor his version based on their testimonies.

Botha is allowed to change the decision not to call Van Breda at a later stage, but it could have consequences if the court draws a negative inference.

Prosecutor Susan Galloway said if Van Breda testified last, it would prejudice the State. “He (Botha) says he wants to assess the veracity of what his experts say. Is he trying to see how well they answer to points Henri must answer to? That is what his client must do,” Galloway said.

“If he (Van Breda) testified last, we would not have the opportunity to cross-examine experts on Henri’s testimony.”

Botha said Van Breda was innocent until proven guilty and had the right to remain silent, but Galloway said: “Similar to remaining silent, there are consequences to the accused not testifying.”

Judge Siraj Desai would give judgment on these points on September 27. He is likely to confirm the section of the law that states that an accused must decide whether or not to testify when the State closes its case.

The trial will resume after the court recess on October 9 when the defence will call its first witness. – ANA