Van Breda's legal team to petition SCA for leave to appeal judgment, conviction

The Western Cape High Court dismissed the application last month after Judge Siraj Desai found that his legal team didn't advance any compelling reasons why an appeal should be heard.

FILE: Convicted murderer Henri van Breda. Picture: Cindy Archillies/EWN

CAPE TOWN – Family axe murderer Henri van Breda's legal team will be petitioning the Supreme Court of Appeal in the coming days to try to have his application for leave to appeal approved.

The Western Cape High Court dismissed the application last month after Judge Siraj Desai found that his legal team didn't advance any compelling reasons why an appeal should be heard.

Van Breda murdered his parents and older brother and attempted to kill his younger sister at their Stellenbosch home in January 2015.

He, however, insists that an axe-wielding intruder was behind the attack.

Van Breda's lawyer says they are in the process of finalising the papers that will be sent to the Supreme Court of Appeal.

Lorinda van Niekerk says that they should be in a position to file the papers by the end of the week or by Monday at the latest.

Last month, Van Breda's defence brought an application for leave to appeal his conviction and sentence in the Western Cape High Court.

It was unsuccessful.

Judge Desai found the arguments put forward by the defence were similar, if not the same, as the arguments advanced during trial.

He says the evidence established that Van Breda was responsible for the murders.

The State has indicated it will challenge the appeal.

(Edited by Leeto M Khoza)