Sun, 16 Jun 2019

Supreme Court of Appeal Judge President Mandisa Maya has dismissed triple axe murderer Henri van Breda's latest application for leave to appeal his conviction and sentence.

The order was handed down on Friday last week.

Judge Maya said "no exceptional circumstances warranting reconsideration or variation of the decision refusing the application for leave to appeal have been established".

Three judges of the SCA had previously dismissed an initial application for leave to appeal in September 2018.

The Superior Courts Act allows applicants to petition the Judge President of the SCA on a decision already taken by three SCA judges.

Van Breda's attorney Lorinda van Niekerk, was not immediately available for comment.

Van Niekerk said in September they could not confirm if they would take the matter to the Constitutional Court if unsuccessful at the SCA.

This was Van Breda's third failed attempt to apply for leave to appeal. His first bid was dismissed in the Western Cape High Court last August.

Van Breda was sentenced to three life terms for the murders of his parents and brother, and 15 years for the attempted murder of his sister last June.

He received a further 12-month sentence for obstructing the course of justice.

Van Breda had pleaded not guilty, blaming the crimes on an intruder who he claimed had breached their home in the De Zalze estate in Stellenbosch.

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