Van Breda to take the stand
The Western Cape High Court adjourned proceedings in the trial of triple murder accused Henri van Breda, pictured, until today to give the judge time to consider a request from the defence that the accused’s testimony not be streamed live.
Van Breda, 22, appeared nervous, drumming his fingers continuously, as court proceedings began in the Western Cape High Court yesterday.
Defence lawyer Piet Botha told the court that he would be calling no further witnesses, but that his client “wished to testify”.
“My client suffers from a speech impediment, his stutter gets worse under pressure. He also has a tendency to mutter at times, which is part of the speech impediment.
“We are concerned about the live broadcast as it will be a stressful period for him in the witness box,” said Botha.
Botha said Van Breda had it “fairly under control”, but asked the court to take this into account when assessing his demeanour.
Judge Siraj Desai adjourned proceedings for half an hour, saying it was an “unusual request” and he needed time to consider it before making a decision.
After the short break, the judge said he needed more time to “apply his mind” as it was a unique situation, with no existing case law.
Botha said he was concerned about Van Breda’s demeanour in the witness box and the potentially negative impact this could have on the court’s assessment of his credibility, saying: “He is being viewed by the public at large, and may start to stutter or mumble.”
Desai said this would be taken into account and the court would not hold his stutter against him. He added most of the trial had been streamed live and had not impacted on proceedings.
Botha argued that his client was very aware of the media coverage of the case and that “thousands of photos had been taken of him”.
Desai responded with a smile: “That is the price of democracy.”
Van Breda faces three counts of murder for the axe attacks on his parents and brother at their family home in the luxury security estate, de Zalze, in Stellenbosch in January 2015.
He also faces a charge of attempted murder after his sister Marli, who was 16 at the time, survived the attack. He further faces a charge of defeating the ends of justice for allegedly tampering with the crime scene.
He has pleaded not guilty to all the charges. – ANA