Cape Town – The first witness in a trial-within-a-trial was called to testify on Thursday in the case against 22-year-old triple murder accused Henri van Breda.
Henri's defence counsel wants Western Cape High Court Judge Siraj Desai to determine whether his client's statement, given to police on January 27, 2015, is admissable.
Advocate Pieter Botha argued that his client was viewed as a suspect when he gave his statement, yet was not warned, and was not told he had the right to see a lawyer, nor was he warned of his right to remain silent.
Van Breda has been charged with the murders of his mother, father and older brother in a brutal axe attack at their luxury home at the security estate, de Zalze, in Stellenbosch.
His younger sister Marli, who was 16 years old at the time, survived the attack.
Botha told the court that his client was asked to repeat his version of what happened in the early hours of that morning repeatedly. Police officers also took him to a doctor to determine if his wounds were self-inflicted.
He was not given food the entire day and was suffering from sleep deprivation.
Botha said a police officer who interviewed Henri, Colonel Deon Beneke, had also reportedly told him: "I don't believe a word of your bulls**t story".
Botha said Henri's maternal uncle and his wife were also not allowed access to his client.
At 9.30pm that night, police took him to the Vergelegen Medi-Clinic where Dr Michelle van Zyl was asked to fill out a J88 form and to draw blood. Botha told the court she was informed by Beneke that Van Breda was a suspect.
Throughout, he was dressed in his boxer shorts and still covered in blood. Botha said friends of the family brought him food and clothes which they were not allowed to give him.
The first witness called to testify in the trial-within-a-trial was police officer, Sergeant Clinton Malan, who is stationed at Stellenbosch police station and who took down Van Breda's statement.
He told the court Henri had been quiet, calm and showed no emotion.
He said, together with another sergeant, he asked questions which Henri answered. Malan testified that it was important to get the statement to inform crime intelligence of a possible suspect for them to follow up on.
He said Henri had not been detained or charged, and was there as a victim.
Senior state prosecutor Susan Galloway said it was the State's case that the statement was taken from him as a witness, and not as a suspect.
The trial-within-a-trial was adjourned until Monday.