“This case fits like a mosaic, pieces of a jigsaw puzzle ... everything fits together.”
Those were the words of Western Cape High Court Judge Siraj Desai who seemed unconvinced by the arguments put forward in convicted murderer Henri van Breda’s application for leave to appeal his conviction and sentence.
“One rarely gets a case as strong as this against the accused,” Desai told defence lawyer Piet Botha on Tuesday.
Van Breda, 23, was convicted in May of the brutal 2015 axe murders of his parents and elder brother, the attempted murder of his younger sister, as well as defeating the ends of justice.
He received three life sentences, 15 years for attempted murder and a year for defeating the ends of justice all sentences were ordered to run concurrently.
Botha argued: “We are faced with a very young person spending the rest of his life in jail with only circumstantial evidence against him.”
He said a court of appeal may give more weight to concessions made by blood spatter expert Captain Marius Joubert who said Marli’s blood not being found on the axe was “inexplicable”.
A defence expert previously also mentioned “flaws” in security at the De Zalze Estate in Stellenbosch, where the family lived, while Van Breda’s juvenile myoclonic epilepsy was also a factor in how he acted that day.
Furthermore, Van Breda had no motive, but Desai shot back: “The flip side of that is what was the motive of an unknown intruder?”
Van Breda had pleaded not guilty to all charges.
He is being held at Drakenstein Prison in Paarl.
Desai will deliver his decision on Monday.