One of the most exciting things about forensic science is its ability to reveal the untold truth. Like the saying goes; there is your version, my version and then there is the [scientifically proven version].
Nick Olivier, Pretoria based Forensic Investigator highlights this in the use of forensic science in South African courts. The more questions the court has about the true events of a case, the more value it places on forensic evidence.
In our
previous post
, we discussed the importance of evidence in a crime. Now we will highlight these subjects using a real case scenario, And show you, as Nick mentioned, how forensic science can play a vital role in the outcome of a case.
The Van Breda-Murder case
Overview:
In January 2015 emergency response received a call from Henri Van Breda. He requested for medical assistance and informed the operator that his family had been attacked by an intruder with an axe.
His father Martin van Breda was the managing director of Engel & Völkers in Australia. Martin’s impressive businessmen ship, including ventures like Netstar, had provided a prosperous and comfortable lifestyle for the family. At the time of the murder, the family resided in the prestigious De Zalze Wineland Estate.
Of the 5 family members both parents, Martin and Teresa were killed along with their eldest son Rudi. The Breda’s daughter and youngest, Marli survived but was severely injured during the attack. She later made a full recovery. Henri ‘escaped’ with minor injuries.
The Trial:
The case took a whopping 9 months from the time of arrest and first court appearance to the trail in the Western Cape High court.
None the less the prosecution was skeptical from the onset about Henri’s version of events. From his minor injuries to the crime scene, investigators found too many inconsistencies with what Henri had reported and what the forensic evidence revealed.
The case was made that Henri himself had killed both his parents and brother with an axe before attempting to murder his sister Marli.
What Forensic Evidence Reveal About The Case:
The primary evidence used to build the case aimed to answer the question of whether Henri had indeed killed his family or was it an intruder as he claimed?
This was achieved by analysing his behaviour before and during the night of the murder. Gathering evidence to establish Henri’s position within the family. Collecting forensic evidence from the crime scene and compiling a plausible motive for Henri to have killed his family.
Early on in the case, investigators established that Henri had a drug problem. They interviewed his potential dealer and also found records where he was institutionalised in 2014. This was significant because of the correlation between drug and alcohol abuse and violent crimes.
Crime Scene Evidence:
Sergeant Marlon Appollis and his team found that there was no forced entry into the Breda’s home the night of the attack. The Breda’s property was also in a 24-hours monitored security estate. To further strengthen this, investigators also noticed from the onset that valuables like electronic devices were not taken.
During the trial, the state revealed that there was evidence that Henri had tampered with the crime scene. His cellphone records showed that he had made an unsuccessful call to his girlfriend at 04:00. Shortly after he searched for emergency services. Two hours elapsed before the call was made.
This arose suspicion, why had it taken so long to call for help. Although Henri had said that he had fainted after the attack. The state had evidence that proved that he tampered with the evidence in this time instead along with inflicting wounds on himself to mislead police to believe he had been in an altercation. Further, the wounds were made with a knife rather than with an axe, which was the primary weapon used on all of his family members.
Blood Spatter Analysis and Autopsy:
Police captain Marius Joubert who analysed the blood spatters concluded that the crime scene had been tampered with and was inconsistent with his statement.
According to Henri, he was hiding in the bathroom when his brother Rudi was attached. But after analysing the blood spatter on his shorts and socks. The case was made that he had been “in close proximity to the source of blood when force was applied”.
Nick adds that the place where the axe was found after the attack, where the victims are lying and how the blood splatter spread can reveal the position of the attacker when the murders took place. "You can, for example, derive where the attacker was if the victims were lying down or were on their knees when they were attacked, whether or not there was a long struggle before they were killed, how long it took to kill the victim and how tall or strong the attacker is."
The autopsy report by Dr Daphne Anthony showed that Martin was taken by surprise as he had no wounds relating to defense and also had a blow to the back. Again, this was inconsistent with Henri’s statement that his father had attacked the “masked intruder” while he was paralyzed in the bathroom.
DNA (DeoxyriboNucleic Acid):
Lieutenant-Colonel Sharlene Otto the chief DNA analyst for SAPS tested 216 samples collected from the crime scene. From there she could identify Martin and Teresa’s DNA from scrapings taken from underneath Henri’s nails.
Importantly the state analysis also found no unknown DNA at the crime scene. This along with the lack of empathy sown by Henri during the emergency call and during the trial itself finally debunking the intruder claims in Henri testimony.
On May 21, 2018, the evidence against Henri Van Breda was overwhelming and Judge Siraj Desai had no reason to doubt the state’s findings. Henri was charged with 3 counts of murder, one of attempted murder and obstruction of justice for lying to the police.
Resources:
1. News 24 - van-breda-tampered-with-crime-scene-state-alleges-in-indictment
2. CTV News - south-african-man-23-found-guilty-of-axe-murders-of-family
3. IOL- five-things-to-know-about-the-henri-van-breda-axe-murder-case-24987359