Van Breda will not testify in murder trial

Judge Siraj Desai ruled on Wednesday that the defence may not put up its technical experts before Henri Van Breda.

The judge said there was possible prejudice and Van Breda could modify or amplify his version.

Hendri van Breda's defence Advocate Botha then said for the moment the 22-year-old murder accused would not testify.

Van Breda is accused of the murder of his parents and older brother and the attempted murder of his younger sister in their De Zalze Estate home in Stellenbosch in 2015.

Kelly Phelps, a public law lecturer at UCT chats to John Maytham about the latest events.

As a general statement, a judge won't draw any negative inference from an accused choosing not to testify. And the reason for that is it strikes right at the core of the rights to a fair trial....All accused persons have a right to remain silent.

Kelly Phelps, a public law lecturer at UCT

But that doesn't apply equally in all cases, she says.

In some cases, the defence will rely heavily on what the accused was thinking at the time - their subjective beliefs at the time.

Kelly Phelps, a public law lecturer at UCT

And in such instances, if the accused refuses to testify willingly, the court may be forced to draw inferences for want of any other evidence, explains Phelps.

She says court is a difficult environment and sometimes it is not a good idea for the accused to testify.

Take a listen below to Phelp's argument:


This article first appeared on CapeTalk : Van Breda will not testify in murder trial


Recommended

by NEWSROOM AI
Read More
Sars office operated with skeleton staff to allow union meeting, says caller

Sars office operated with skeleton staff to allow union meeting, says caller

Senior citizen 'Ruth' called in to the John Maytham show to say a Sars office was depleted after announcement of union meeting.

Why did security fail when CCTV cameras picked up train-fire suspects?

Why did security fail when CCTV cameras picked up train-fire suspects?

EWN's Kaylynn Palm reports on Transport Minister Fikile Mbalula's presser after 18 carriages burnt out at Cape Town Station.

Recreational lobster fishing: 'Brochure two-seasons-old but still applies'

Recreational lobster fishing: 'Brochure two-seasons-old but still applies'

Fisheries Management's Wendy West clarifies questions around the current West Coast rock lobster recreational fishing season.

'Zuma was more loyal to his 'cronies' than to the Constitution'

'Zuma was more loyal to his 'cronies' than to the Constitution'

The Daily Maverick's Marianne Thamm says testimonies at the Zondo commission prove that Zuma never felt bound by the Constitution.

Financial Mail and amaBhungane head to court to obtain Zuma's tax records

Financial Mail and amaBhungane head to court to obtain Zuma's tax records

Financial Mail journalist Warren Thompson explains the motivation for the court application.

CT reverend says refugees need to vacate his church 'for their own safety'

CT reverend says refugees need to vacate his church 'for their own safety'

Reverend Alan Storey says he is not evicting anyone. Instead, he asked them to respectfully leave after several challenging weeks.

Popular articles
[VIDEO] Brawl allegedly in Kyalami Estate has social media in stitches

[VIDEO] Brawl allegedly in Kyalami Estate has social media in stitches

Khabazela shares some of the videos that went viral on Twitter and Facebook.