Cape Town - Western Cape High Court Judge Siraj Desai has agreed with the State's argument that there was no security breach at De Zalze Estate in Stellenbosch in the early morning hours of January 27, 2015.
Desai is delivering judgment in the trial of 23-year-old Henri Van Breda who pleaded not guilty to the axe murders of his parents, Teresa and Martin, brother Rudi, and the attempted murder of his sister Marli, who was 16 years old at the time.
Desai, in his summary judgment, said the conduct of the accused after the attack on his family was also "inexplicable". His failure to get help immediately or comfort his sister while she lay severely wounded could not be explained.
Van Breda, he said, did not seek help from neighbours, security or emergency services - instead he phoned his girlfriend, a "minor living at a hostel". The call made to her was at 4h27am, but he could not get hold of her. After a two-hour and 40-minute time lapse, he called emergency services and spoke to the operator for 25 minutes.
Desai said: "The question is what transpired during that period of time and the significance of this?"
The judge said Henri van Breda's demeanour was not consistent with a victim of trauma or someone who had just lost most of his family members.
Desai said he did not seek help from security officers on the estate, nor did he use emergency numbers that were listed on the fridge, and instead googled an emergency services number.
Van Breda claimed he lost consciousness which could explain the time loss - either from shock or from injuries sustained when he fell down the stairs, or from a combination of both.
He claimed that an intruder or intruders were behind the attack on his family.