A trial within a trial started in the Western Cape High Court yesterday as triple murder accused Henri van Breda’s legal representative argued that an initial statement he made to police should be inadmissible.
Advocate Pieter Botha argued at the time Van Breda made the statement that he was already being treated as a suspect, and therefore had the right to a lawyer, and had the right to remain silent.
The statement was taken hours after it was reported that his family had been attacked.
“When my client was asked to make the statement and made to sign, he was still only wearing the sleeper shorts he had on during the night. He had not eaten, and the last time he slept was the Sunday night,” Botha said.
Sergeant Clinton Malan, who took the statement, denied Van Breda was a suspect at that stage.
“We treated him like a victim, and it was important to get his version so our crime intelligence could start investigating,” Malan said.
Malan’s cross-examination continues on Monday.
Earlier, forensic pathologist Daphne Anthony testified that Martin and Rudi van Breda were alive for a while after they were hacked with an axe at their Stellenbosch home.
An autopsy report Anthony compiled showed they had blood in their stomachs, which meant they were still breathing and swallowing for some time after their attacks.
Western Cape High Court Judge Siraj Desai yesterday asked Anthony if they would have suffered pain, to which she responded “yes”.
“You have to actively swallow to get blood in your stomach. That there was blood in their stomachs is an indication that they were alive for some time,” Anthony said.
Rudi, 22, suffered the most violent attack, according to Anthony, who took to the stand on day 18 of Henri van Breda’s triple murder trial.
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.
Rudi also had cuts to the back of his neck and defensive wounds on his hands.
Martin, 54, had no defensive wounds, and most of his blows were to the back of his body.
“He was mostly likely not aware of an attack and was completely surprised by it,” Anthony said.
Martin, like Rudi, died as a result of a brain injury caused by a fractured skull, Anthony said.
Teresa, 55, died quickly according to Anthony.
She was in sleepwear when the assailant struck, and an abrasion on her nose indicated she might have fallen during the attack, Anthony said.