State says no basis for Henri Van Breda's appeal

Van Breda's lawyers last month approached the Constitutional Court once again in a final bid to have his conviction and sentence overturned.

FILE: Triple murder accused, Henri van Breda, in the Western Cape High Court on 27 March 2018. Picture: Cindy Archillies/EWN

CAPE TOWN – There's no basis for triple killer Henri van Breda to be granted an appeal.

That's the gist of the State's argument in opposing his attempts to appeal his conviction and sentence.

Van Breda's lawyers last month approached the Constitutional Court once again in a final bid to have his conviction and sentence overturned.

He's serving three life terms for murdering his parents and older brother, and an additional 15 years for the attempted killing of his sister.

Van Breda's lawyers argued the Western Cape High Court accepted a sub-par standard of scientific evidence from the State.

Lawyers also argued the court expected Van Breda to prove his version was reasonably possibly true, instead of the State having to prove he’s guilty beyond reasonable doubt.

But the State hit back in its answering affidavit by saying the Constitutional Court should dismiss Van Breda's application as it had no basis.

Prosecutor Megan Blows dismissed Van Breda's allegations about the quality of the State's DNA evidence, adding the Court didn't only rely on this when making its ruling.

Blows argues the conviction was inescapable and the only reasonable inference to be made.