Cape Town – Judge Siraj Desai listened as both the State and the Defence presented their closing arguments on Wednesday in the trial within a trial regarding the admissibility of triple murder accused Henri van Breda's initial statement to police.
Day 21 of the Van Breda murder trial consisted of both state prosecutor Susan Galloway and defence attorney Pieter Botha present their case to Judge Desai as he prepares to make a ruling on the statement.
The state argued that Henri was not seen as a suspect at the time and when he made his initial statement he was neither detained nor arrested. Galloway also stated that at the time of the attack, Henri was the only surviving member of the family “in a position to assist police” and at the time the statement was made, there was no incriminating evidence against Henri.
Galloway also noted that the defence’s witness, Andre Du Toit, could not really assist the court “as to whether the accused was a suspect or not” and that it had been already known that Henri was able to contact his friends and allowed to leave with them.
The state also stressed that Section 35 of the constitution, which has been the basis of the defence’s arguments and focuses on Arrested, Detained and Accused Persons, doesn’t apply to Henri as it does not apply to suspects.
The defence argued that Henri was seen as a suspect when he was questioned by the police and he should have been informed about his rights. The failure by police to do so then renders the statement and its contents inadmissible, the defence argued.
Botha mentioned that while the state only called on witness Sergeant Clinton Malan for the trial within a trial, his testimony should be rejected as he “lied about the manner in which the accused was dressed when he was escorted” from the crime scene. Botha also added that Malan had made errors in the statement.
When Malan took the stand, Botha grilled the language and spelling errors in the initial statement saying that Malan had incorrectly recorded what Henri had said.
Botha also argued that the fact that Henri was taken to Dr Michelle Van Zyl “to have his blood drawn to test his blood alcohol contents and for the presence of drugs” made it clear that his client was seen as an accused. He also said Henri’s family was “refused access to him”.
Judge Desai engaged with both lawyers as they presented their arguments, and informed them that he would deliver his verdict on the admissibility of Henri’s statement in court on Thursday morning.
Henri stands accused of the murder of his brother Rudi, father Martin, mother Teresa and the attempted murder of his sister Marli.
Cape Argus