Judge Desai issues ‘last word’ on Van Breda
“HENRI van Breda’s leave to appeal is refused, and hopefully this is my last word on the case,” said Western Cape High Court Judge Siraj Desai.
The judge yesterday denied the convicted triple axe-murderer’s application.
Van Breda has sought to have his three life terms, 15 years, and further 12 months reviewed in the Supreme Court of Appeal (SCA).
Judge Desai yesterday said Van Breda’s legal representative Pieter Botha did not advance the case when arguing why the appeal should be granted.
“Similar arguments were argued by the defence during the trial. The State’s arguments provided evidence of guilt. In light of the heinous nature of the crimes and the absence of mitigating factors, leave to appeal is refused,” Judge Desai said.
Botha had argued that Van Breda was 20 at the time of the attack, and had no prior convictions.
But Judge Desai said that was not enough to deflect from the harsh sentences.
Botha said they would petition the SCA within the next 15 days.
Van Breda, 23, was convicted in May for the murder of his mother Teresa, 55, father Martin, 54, and brother Rudi, 22, as well as the attempted murder of his sister Marli, who was 16 at the time.
He still maintains a balaclava-clad intruder broke into their luxury De Zalze estate home and killed his family.
Forensic pathologist Daphne Anthony had testified that Rudi, 22, had suffered the most violent attack. Aside from a fractured skull, which resulted in an injury to his brain, one of his lungs had collapsed and his organs were pale as a result of blood loss.
Martin had no defensive wounds, and most of his blows were to the back of his body.
Teresa died quickly, according to Anthony.
She had also testified that Martin and Rudi were alive for a while after they were hacked, and an autopsy report showed they had blood in their stomachs, which meant they were still breathing and swallowing for some time after their attacks.