Van Breda family book halted
Curator acts against controversial text
MARLI van Breda’s lawyers have killed further publication of a controversial new book on her family’s murders which was written with the full co-operation and endorsement of her dead mother’s sister.
They are also considering suing the author and publisher for damages for invasion of Marli’s privacy and assaulting her dignity.
“Die De Zalze Moorde: Die Storie Agter Die Storie” (The De Zalze Murders: the story behind the story) written by self-published novelist and retired George businessman, Jaap Rabie, has been on the shelves for less than a week.
Written in the style of a detective novel, it contains photographs of Marli and Rabie’s opinions about her which ignore a High Court order protecting the schoolgirl’s dignity and privacy. The terms of the order are strictly policed by Marli’s curator, advocate Louise Buikman SC.
Acting on instructions from a dismayed Buikman to take “strong steps against Rabie and publishers”, ENSafrica attorney George van Niekerk this week demanded Rabie and publishers Books Africa cease publication of the book and withdraw any of the 50 copies already released that are still on the shelves. The publishers agreed to do so immediately, said Van Niekerk.
“The curator will not countenance any contempt of the terms of the court order and anyone else who contravenes it will be met with the full force of the law,” said Van Niekerk.
Rabie aired rumours about Marli that are “incontrovertibly personal and private”.
“The book contains photographs of Marli van Breda, in deliberate and indefensible contempt of the court order,” said Van Niekerk. “It also contains speculation about the private life and personal concerns of Marli which are expressly protected by the court order. The curator is considering a suit for damages against both the author and the publishers for the invasion of Marli’s privacy and the assault on her dignity in defiance of the court order.”
No-nonsense senior counsel Buikman assists Marli in all legal proceedings and also confirms all major decisions relating to the matric pupil, including her therapy and schooling, in consultation with Marli’s family, her teachers and therapists.
She made a brief appearance in court this week to monitor testimony of Marli’s brother, triple murder accused Henri van Breda.
Rabie is an old university friend of the Canadian-domiciled Leenta Nel, the elder sister of Marli’s mother, Teresa. Rabie claims Nel gave him access to Teresa’s other sisters and her friends which yielded exclusive behind-the-scenes information about the Van Breda family.
Buikman would not be drawn on those details she finds actionable.
Inevitably Marli has featured as her brother’s trial has progressed. Most recently, at the close of the State’s case when advocate Susan Galloway indicated that the teenager would not be testifying for or against her brother who is accused of murdering her mother, father and brother and attempting to murder her in their Stellenbosch home in January 2015.
“Her reason is because she has no recollection of the events,” clarified Buikman.
Sixteen at the time of the attack, Marli stunned paramedics and her doctors with a miraculous recovery from severe head wounds. Although she is fully functioning enough now to write her matric exams, she still has retrograde amnesia which has left her with no memory of the murders.
Buikman says she was alerted to the “flagrant contravention” when she was sent excerpts of the book by one of Marli’s relatives last week Friday. She subsequently received a hard copy of the book.
She confirmed that Marli’s father Martin’s twin brothers from Pretoria, Andre and Bailey van Breda, have also voiced their objection to the book. A well-placed source says they are seeking legal advice about allegedly slanderous statements in its narrative.
Henri shed his first tears of the trial during the opening week in May when Andre provided glowing testimony for Henri and his slain family.
Since then neither Andre van Breda nor the rest of his extended family, who watched his testimony from the gallery, have returned to the Western Cape High Court.
Nel has attended some days, but Henri’s sole remaining supporter on most days of the 56day trial has been his maternal uncle Andre du Toit. Sitting alone in his familiar spot in the far-front corner of the gallery, he was Henri’s only support this week during gruelling cross-examination by the State. He strikes a lone figure who publicly doesn’t interact with Van Breda family members.
According to “Die De Zalze Moorde” extracts seen by The Independent on Saturday’s sister paper, the Weekend Argus, Rabie writes about an interview with Henri at Magica Roma restaurant in Pinelands in September. This was at the time the State was leading evidence against him.
The book also makes a number of disclosures that never saw the light of day in court, says its promotional blurb, including one that Martin feared for his life. This contradicts evidence before the High Court from both Henri and Andre that neither Martin nor the family had any enemies.
Rabie also comments on Henri’s innocence, an opinion that Nel has been very vocal about in media interviews.
“Published while the trial is running, this speculation could also offend the sub judice principle as the judge has not yet reached a verdict,” says Van Niekerk.