UPDATE- Van Breda Trial: Evidence presented by State of poor quality, says defence

Cape Town- Triple murder accused Henri Van Breda defence lawyer Advocate Piet Botha told Western Cape high court on Tuesday that the State has failed to prove its case beyond reasonable doubt.

Botha said, the state case was based on speculation, “inferences should be drawn from facts”, and that evidence presented by the State was of “poor quality”.

Van Breda has pleaded not guilty to all three counts of murder, attempted murder and not guilty of obstruction of justice.

The state has accused Henri Van Breda of executing the attacks with an axe that left his sister Marli injured and unable to testify.

The defence case is focused on proving that there were attackers at the De Zalze estate the night of the murders, “what the court needs to decide is the identity of the attackers”, Both said.

He continued to say, “One can speculate, one can say the dog was in the garage, one can say he smoked cigarettes while waiting for his sister to die. One can convince oneself that the State has made out a strong case. The onus is on the State, not on the accused, to prove its case. We submit that the conclusion cannot be that the State proved itself beyond doubt. The actual evidence points the other way, or at the very least creates reasonable doubt,”

“The circumstantial evidence presented by the State to prove its case against the accused does not warrant, as the only reasonable inference, that the accused was the person who attacked his family.”

Photo Credit- Times LIVE

Be the first to comment

Leave a Reply

Your email address will not be published.