Van Breda trial on hold again

The Western Cape High Court yesterday again postponed the trial against triple murder accused, Henri van Breda, 22.

It will resume on September 11 as the blood spatter expert due to testify was not well enough to attend court. Captain Marius Joubert, the State’s final witness, was meant to give evidence last week but the case had to be postponed because of his ill-health.

Despite strenuous objections from the defence, Judge Siraj Desai granted the state’s application for postponement.

Senior state prosecutor Susan Galloway told the court she had spoken to Joubert’s doctor, who said he was not in a position to stand in court. She said: “This witness is part of the circumstantial evidence. It is in the interests of justice for the state to have a fair trial.”

Van Breda, pictured, has pleaded not guilty to three counts of murder, one of attempted murder, and one of defeating the ends of justice. He allegedly used an axe to murder his mother, father and brother at their home in luxury security estate De Zalze in Stellenbosch in 2015. His sister, who was 16 at the time, survived.

In his plea explanation, Van Breda claimed that a laughing, axe-wielding attacker wearing a balaclava, gloves and dark clothing broke into their house.

His mother Teresa, father Martin and brother Rudi died when they were attacked with an axe or “similarly sharp object”.

Henri van Breda’s sister, Marli, suffered severe brain injury during the attack. She has retrograde amnesia and remembers nothing of the events, and will not testify at the trial.

The chief forensic analyst at the police laboratory, Lieutenant-Colonel Sharlene Otto, told the Western Cape High Court earlier this month that “no unknown DNA was found on the scene”. Her laboratory analysed 216 samples taken from the crime scene.

She conceded it was possible an intruder would not leave a trace: “If I wear personal protective equipment, gloves, a balaclava, if I cover my body and come in and go out, I won’t leave a trace. But the crime scene may leave a trace on me.”

Otto testified that nail scrapings from Henri’s left hand contained the mixed DNA of himself, his mother and his brother. A blood sample from the bottom of the axe handle also had a “mixture result”. Otto testified that blood found in the corner of the shower floor was also a mixture of DNA profiles – Rudi’s, Teresa’s and Henri’s. – ANA