Cape Town - Henri van Breda sat up attentively as the State wrapped up its case against him.
Bloodstain expert Captain Marius Joubert was grilled by defence advocate Pieter Botha about his earlier testimony
in which he stated that he believed the
body of Henri’s brother Rudi had been moved.
Botha argued that it would have been difficult for the accused to have moved the body without standing in the blood, and Joubert agreed. Botha then argued that Henri should have had blood on the bottom of his socks.
However, blood stains were found at the “back of the white socks”.
Joubert said it was possible for the attacker to have pulled Rudi’s body by his feet to the final position in which it was found.
Botha also questioned the witness about the fact that Marli’s blood was not found on the axe.
Joubert was asked how it was possible that from the 4 swabs taken by officer Hitchcock, and the 8 swabs that he collected from the axe, that Marli’s blood was not found on the axe head, given that she was hit 8 times with the weapon.
“It is unexplainable.”
After the state concluded its case, Botha addressed the the court, requesting for a provision to allow his 3 expert witnesses, to testify before the accused Henri van Breda takes the stand.
Galloway raised her concern about the change in order stating that it could allow the accused to amend his testimony after the defence’s witness testify. Botha countered that it would only make it harder for his client when he does take the stand.
In response, Galloway stated that then it gives the defence the opportunity to then allow Henri not to testify.
Judge Desai stated that both lawyers would need to present him with written submissions regarding the matter, which he will address in court on Thursday.
The State also said that they defence could call anyone on the witness list except for Marli van Breda. The defence said they likely would not call on the surviving victim of the family murders, but did mention that should the defence need to, Botha would address first with Judge Desai.
Galloway then made it clear that, Marli had expressed that she not be available to the defence’s case.
Henri Van Breda stands accused of the murder of his brother, Rudi, his father Martin, and his mother Teresa. His also faces a charge of attempted murder of his sister, Marli.