The Mercury

‘No trace of Marli’s blood on axe, clothing’

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THE defence has cast doubt on the State’s case that only one axe was used in the murders of Teresa, Martin and Rudi van Breda, as well as the attempted murder of Marli van Breda.

Henri van Breda claimed that he was not behind the murders that took place at De Zalze Estate in Stellenbos­ch on January 27, 2015.

In his plea explanatio­n, he said a laughing, axe-wielding intruder wearing dark clothing, gloves and a balaclava was responsibl­e for the attacks.

“I also recall hearing what sounded like angry voices of more than one person, somewhere else in the house. Although I could not distinguis­h specific words, it sounded like the persons were speaking Afrikaans,” he recalled.

Yesterday, defence lawyer Piet Botha highlighte­d the fact that Marli’s blood had not been found on the axe used in the killings of her parents and brother. Furthermor­e, no trace of her blood was found on his client’s shorts or socks.

This would support Henri’s version that he was not near his sister Marli when she was attacked, as well as the possibilit­y that a second axe and more than one intruder was behind the attack.

Cross-examining police captain Marius Joubert, a bloodstain expert, Botha said despite eight swabs taken from the axe “not a single drop of Marli’s blood was found”.

Botha said evidence indicated that she had injuries indicative of a struggle and demanded to know Joubert’s explanatio­n for the complete absence of her DNA or blood on the axe.

He also pointed to the fact that James Reade-Jahn, Marli’s boyfriend at the time, had testified that he had not recognised the axe as the one kept in the Van Bredas’ pantry.

Senior state prosecutor Susan Galloway objected and told the court that Reade-Jahn had said the size and shape was similar but that he may have been mistaken about the colour of the head of the axe.

Joubert testified that Marli’s injuries had been spread out. He also said there was a possibilit­y the axe had been cleaned.

Botha said while Marli’s touch DNA was found on the handle of the axe, it could have been during this incident or before.

And in accordance with the Locard principle which says every touch leaves a trace, “in light of that, what are the chances that Marli, who sustained multiple injuries to her skull, one ear and neck, what are the chances of her blood not being found?”

Joubert conceded that “you would have expected to find some traces” but said that Marli’s touch DNA found on the handle could have resulted from her grabbing the axe during the incident.

Joubert said it was possible to assault a person and not have a single drop of blood fall on you.

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