State opposes Van Breda's ConCourt appeal bid

The state is opposing triple axe murderer Henri van Breda's bid to challenge his conviction and sentence in the Constitutional Court, stating that it is not in the interests of justice to grant leave to appeal. A News24 report says in an affidavit opposing his application, prosecutor Megan Blows said there were no prospects of success on appeal. ‘All submissions made by (the) applicant in his founding affidavit were thoroughly considered by the trial court as is evident from the court’s comprehensive judgment,’ added Blows. ‘The trial court correctly convicted (the) applicant of the planned murders of his family ... No substantial and compelling circumstances compelling the trial court to deviate from the prescribed minimum sentences were placed before the court.’ In May 2018, Western Cape High Court Judge Siraj Desai handed Van Breda three life sentences for the murders of his parents and brother, 15 years for the attempted murder of his sister, and one year for obstructing the course of justice. In the defence's application for leave to appeal, Van Breda's attorney argued that Desai had made a number of incorrect factual findings on material aspects, had relied on hearsay evidence without alerting them prior to judgment, and attached little or no weight to the defence's expert witnesses without justification. While she said the appeal raised a constitutional issue, Blows said this had already been decided upon by the Constitutional Court. Blows said the court did not make any incorrect factual findings on material aspects and thoroughly considered the evidence of the defence's expert witnesses. Desai delivered a ‘comprehensive and detailed judgment’, Blows said. She added an appeal court could only interfere where there had been a clear misdirection or where findings were obviously incorrect. ‘In the matter at hand, there is no clear misdirection of findings that are patently incorrect.’