Sunday Times

Five Van Breda mysteries

- WHY didn’t neighbours hear anything?

HOW did Marli van Breda survive if one of her jugular, or neck, veins was damaged four hours before Henri called emergency services?

According to forensic scientist Dr David Klatzow, the jugular veins are not small, and if one of them is cut you are likely to die within minutes.

“Even when emergency services are called and rush over, the person often dies anyway,” he said.

However, “it really depends on how badly the vein is cut”.

Because they are low-pressure veins, a small nick might cause blood to leak out slowly. The blood could even coagulate and reduce the flow.

This makes it difficult to know what happened to 16-year-old Marli on the night of the attacks.

The possibilit­y that she lay for four hours with a cut jugular cannot be ruled out. But neither can the possibilit­y that she was attacked shortly before the arrival of the emergency services.

Neighbours reported hearing only “raised voices” several hours before the attacks at the Van Breda home near the centre of the De Zalze housing estate.

The killings took place at around 3.30am, when residents were asleep and might not have heard screams or cries.

For resident Eben Potgieter, the most telling silence was Henri’s: “If there was an unknown axe murderer in the house, why didn’t Henri scream and shout and wake everybody in the neighbourh­ood up? Why didn’t he shout: ‘There is something going on here — come and help me!’?”

WHY did it take so long to make an arrest?

There has been much speculatio­n about the 18-month gap between crime and arrest. Could forensic analysis have caused the delay? Prominent Cape Town criminal lawyer William Booth told the Sunday Times that although such processes were often lengthy, this time lapse was “unusually long”.

Klatzow said: “I am very alarmed that the case was repeatedly referred back to the National Prosecutin­g Authority for decisions by the police.”

He said that whoever was first responsibl­e for gathering evidence “did it inadequate­ly, so the prosecutor sent it back”.

Another theory is extreme caution. A source close to the case who did not want to be named said: “The forensic results can cause a delay, but even if they didn’t, the Western Cape criminal justice system personnel are still traumatise­d by the Inge Lotz and Shrien Dewani cases. They need to be very cautious this time.”

Booth said the blood of the deceased found on Henri’s boxer shorts and socks should have been enough for an immediate arrest. The source disagreed. “Blood can be from trying to resuscitat­e victims, or fighting with the attacker. It is not enough grounds for an arrest.”

DID the security breach at the Stellenbos­ch detectives’ office compromise the investigat­ion?

Henri’s team includes Lorinda van Niekerk, a director at a prestigiou­s Stellenbos­ch law firm. Henri has also signed up Advocate Pieter Botha, who was instrument­al in having charges dropped against honeymoon murder accused Dewani.

Van Niekerk confirmed that she was appointed after the crime was committed in January last year. But when asked who was paying, she said: “I am not in a position to discuss Henri’s personal circumstan­ces with the media.”

Advocates can charge in excess of R20 000 a day.

Martin and Teresa van Breda’s estate is said to be worth up to R200-million. One of the family’s lawyers is reported to have said a trust had been set up for Henri and Marli. — Tanya Farber and Nashira Davids

WHO is paying Henri’s legal bills?

Police were initially tight-lipped about the break-in, when computer equipment was stolen in May last year. A man appeared in the Stellenbos­ch Magistrate’s Court in connection with the crime the following month, but when he was due to appear in January this year there was no sign of him.

On January 26, police spokesman Lieutenant-Colonel Andrè Traut said: “This matter is still under police investigat­ion and a court date is yet to be determined. The finer aspects of this case cannot be discussed at this stage.”

This week Traut confirmed that another person had been arrested and charged with burglary at the detectives’ office, then the case “against both was withdrawn for further investigat­ion. The incident had no effect on the De Zalze murder investigat­ion whatsoever.”

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