Weekend Argus (Saturday Edition)

Van Breda to take stand in new court term

Source in lawyers’ team confirms he will testify in his own defence, which could be challengin­g

- MARK BEHR

HENRI van Breda will testify in his own defence, probably when the Western Cape High Court resumes for the third term on October 9.

Defence advocate Pieter Botha hinted at this several times during his cross-examinatio­n, but Van Breda’s appearance in the witness box was confirmed this week by a source in his defence team.

Van Breda has pleaded not guilty to the murder of his mother Teresa, father Martin and brother Rudi van Breda, and the attempted murder of his sister Marli in their home in the luxury De Zalze Estate in Stellenbos­ch on January 27, 2015.

The State is expected to close its case on Monday after Botha completes his cross-examinatio­n of their vet- eran blood spatter expert, the convincing and knowledgea­ble Captain Marius Joubert, who has not blinked once under defence fire.

Once the State wraps up, Botha will have to play his hand which is most likely going be a request to the court that he call Van Breda only at the start of the new term on October 9 and not next week.

“Normally the accused testifies first,” said an informed source. “This prevents him amending his version of events once his experts have testified. But the defence can request that Henri doesn’t testify first so long as they provide Judge Desai with compelling reasons for the change of order.”

Botha will probably choose this route as the second term ends on Thursday and he would not want a two-week interrupti­on of his client’s crucial testimony. Experts say Botha would rather utilise the recess to rest and prep his client exhaustive­ly without any distractio­ns.

Van Breda’s testimony and cross-examinatio­n is expected to last at least five days.

If Desai allows Van Breda to take the stand in the new term, then it’s likely that Botha will lead with expert witnesses who do not address the merits of the case.

The possibilit­y of Van Breda not taking the stand is remote. “If Botha doesn’t call him then he has bigger problems than he will have if he does put him on the stand,” said a seasoned advocate who did not want to be named.

“That’s the beauty of circumstan­tial evidence – the guilt of the accused does not have to be the only inference. It just has to be the only reason- able inference. If Henri does not give a reasonably possibly true alternativ­e explanatio­n for the incriminat­ing circumstan­tial evidence then the court must accept the State’s interpreta­tion of the circumstan­tial evidence that has been presented as the only reasonable explanatio­n. So Van Breda has to testify to provide some sort of equally compelling explanatio­n.”

Van Breda has already provided a version in his plea statement presented at the start of his high court trial. The source said: “But it’s important to remember that his statement has not been tested under cross-examinatio­n.

“So at this stage it’s simply a version of events. It was not made under oath so the court can’t take that version into account in his favour until he testifies under oath and the State has tested him on his version.”

Botha could call experts to counter the State’s interpreta­tion of the circumstan­tial evidence, which includes some very incriminat­ing testimony by State experts, but the problem for the defence is the court doesn’t have to accept their versions or opinions.

“Expert opinion is only provided to assist the court in making decisions. Which is why it’s a no-brainer that Henri has to testify if he stands any chance of an acquittal.”

It seemed Botha would complete his cross-examinatio­n of Joubert on Thursday but the police expert put a spoke in his wheel when he confidentl­y stepped out of the stand to demonstrat­e why, in his opinion, it was unlikely that Van Breda had thrown the axe at a fleeing murderer (played by the court orderly) when he was close enough to strike him directly in the back.

Clearly annoyed at Joubert’s demonstrat­ion and his proximity to the “attacker”, Botha boomed that Joubert was creating a false impression.

But Judge Desai quickly reminded Botha: “I will decide whether the impression is false or not.”

Additional challenges for the defence in the days ahead will be to counter Joubert’s convincing testimony that the blood splatter on Van Breda’s sleep shorts placed him close to his brother, father and mother when they were axed.

He had claimed in his plea statement that he was standing frozen at the doorway of the brother’s en-suite bathroom, several metres away, and witnessing the frenzied axe attack.

Once in the stand Van Breda will also be hard-pressed to explain why Joubert did not find any blood spatter on his naked torso, arms or legs consistent with the blood spatter found on his socks.

 ?? PICTURE: DAVID RITCHIE/ANA ?? Triple murder accused Henri van Breda outside the Western Cape High Court as protesters picket.
PICTURE: DAVID RITCHIE/ANA Triple murder accused Henri van Breda outside the Western Cape High Court as protesters picket.
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