Convicted killer Henri van Breda will learn on Monday whether his application for leave to appeal his conviction and sentence has been successful.
Van Breda was slapped with three life sentences for killing his parents and older brother, and an additional 15 years for the attempted murder of his sister.
He, however, maintains that an axe-wielding intruder attacked his family in their Stellenbosch home in 2015.
Van Breda’s lawyer argues that the trial court erred and misdirected itself in finding that the circumstantial evidence presented by the State proved his client’s guilt beyond reasonable doubt.
Advocate Pieter Botha adds that another court could place more weight on the defence’s evidence about flaws in the security system at the De Zalze Estate.
The defence argues the State failed to shed light on the motive.
Judge Siraj Desai has noted that the same could be said about the motive an unknown intruder would’ve had.
Desai says he had asked the defence on several occasions to give any reasons for mitigation of sentence, but not much was given.
The State argues the application for leave to appeal is without merit and should be dismissed.
