The Herald (South Africa)

Decision today on cop ‘ill-treatment’

- Tanya Farber

MURDER accused Henri van Breda will have to wait until today to hear if Judge Siraj Desai sees him as a victim of illtreatme­nt by police.

In the trial-within-a-trial which began in the Cape Town High Court on Friday‚ defence counsel Piet Botha described Van Breda as a young man shivering in just underpants‚ deprived of sleep‚ hungry and traumatise­d at just having seen his parents and brother axed to death in the Stellenbos­ch family home.

He wants the statement Van Breda gave to police on January 27 2015 to be disallowed as evidence in court.

The state says he was perfectly calm‚ was treated as a victim and not a suspect‚ and happily signed an electronic version of the statement.

Botha argued that Van Breda had been pinned as a suspect from the beginning but then denied his rights to silence or legal representa­tion.

But Susan Galloway‚ for the state‚ told Desai yesterday: “When he gave his statement‚ he was perceived as the only surviving member of the Van Breda family who was able to give an account of what happened.”

At that stage‚ “there was no incriminat­ing evidence” and Van Breda was “calm and was able to give an account of what happened”.

He was not a suspect when he made the statement, was “read an electronic version of it and was satisfied”.

She said the testimony of Sergeant Clinton Malan‚ who took the statement‚ was corroborat­ed by Dr Lizette Albertse, who had examined him and recorded him as a victim and not a suspect.

Galloway said only arrested‚ detained or accused persons were made aware of the constituti­onal rights to which Botha referred.

The police had acted within the law and nothing about the giving or taking of the statement was detrimenta­l to the administra­tion of justice, she said. According to Botha‚ Van Breda was treated in a way that made it clear he was a suspect‚ and he was therefore entitled to those rights.

“He should have been informed he had rights,” he said.

“There is no onus on the accused to prove that his rights have been contravene­d. The onus is on the state to prove that they weren’t.”

The judge, who will give his ruling today, said: “He was neither detained‚ arrested nor accused‚ and therefore why is there reason to make him aware of his constituti­onal rights?”

 ??  ?? HENRI VAN BREDA
HENRI VAN BREDA

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