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Henri van Breda intends applying to ConCourt for leave...

Newsdeck

Newsdeck

Henri van Breda intends applying to ConCourt for leave to appeal murder conviction and sentence

Henri van Breda was immediately taken into custody upon Judge Desai’s decision (Photo by Rebecca Davis)
By News24
03 Jun 2019 0

Convicted triple axe murderer Henri van Breda intends applying to the Constitutional Court for leave to appeal his conviction and sentence, the National Prosecuting Authority (NPA) said on Monday.

Eric Ntabazalila, the NPA spokesperson for the Western Cape region, confirmed that they had been notified and that the State had until June 14 to file opposing papers.

Van Breda’s legal team was not able to confirm the application.

News24 also contacted the Constitutional Court, which had yet to receive the papers.

SCA dismissal

Last month, Supreme Court of Appeal Judge President Mandisa Maya dismissed Van Breda’s latest application for leave to appeal his conviction and sentence.

Judge Maya said: “No exceptional circumstances warranting reconsideration or variation of the decision refusing the application for leave to appeal have been established.”

Three judges of the SCA had previously dismissed an initial application for leave to appeal in September 2018. His first bid was dismissed in the Western Cape High Court in August 2018.

The Superior Courts Act allows applicants to petition the Judge President of the SCA on a decision already taken by three SCA judges.

At the time, Van Breda’s attorney Lorinda van Niekerk said the dismissal was a disappointment, but that they would study the SCA’s outcome and consider a way forward.

Intruder

Van Breda was sentenced to three life terms in June last year for the murders of his parents and brother, and 15 years for the attempted murder of his sister.He received a further 12-month sentence for obstructing the course of justice.Van Breda had pleaded not guilty, blaming the crimes on an intruder who he claimed had breached their home in the De Zalze estate in Stellenbosch.

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