Thu. Oct 17th, 2019

Henri van Breda headed to the Constitutional Court

Henri van Breda will appeal his conviction and sentence in the Constitutional CourtIt will most likely be Henri van Breda’s last chance to have any changes made to his conviction and sentencing after three previous failed appeals to date.

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Convicted murder Henri van Breda has appealed to the Constitutional Court of South Africa in what appears to be a desperate final bid to have his conviction overturned.

Henri van Breda conviction

Van Breda was found guilty of murdering his parents and brother, and seriously injuring his sister, in an altercation at their family home in January 2015.

He claims he is innocent of the attack, insisting it was perpetrated by a masked intruder. He sustained fairly minor injuries during the incident and claims he got them fighting off said intruder.

The courts, however, were not convinced by his story and he was sentenced to three life terms behind bars for the murders, an additional 15 years for the attempted murder of his sister, and another 12 months for obstructing the ends of justice.

Rejected appeals

The Constitutional Court is well and truly Henri van Breda’s last hope of making any changes to his conviction or sentencing.

He has had three previous applications to various courts thrown out.

First in the Western Cape High Court where he was originally sentenced, then, in 2018, the Supreme Court of Appeal (SCA) denied his leave to appeal.

By law, this allowed him to make an application to SCA President Madisa Maya, which he did and it was also turned down.

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

Henri van Breda has continued to proclaim his innocence and will now be headed to the Constitutional Court in a bid to prove it.

However, it is difficult to imagine a different outcome to all of his other applications.

Especially considering the leading cause of rejection to date is the lack of any new evidence or circumstances that may change anyone’s opinion on what happened that night in Stellenbosch.

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