Triple murderer Henri van Breda's application for permission to challenge his conviction and conviction was refused on Monday at the Supreme Court in Western Cape.
Judge Siraj Desai ruled against the convicted murderer and said that the defense had not given compelling reasons to allow the application.
He said that defenders of the defense Pieter Botha's arguments were similar to those of the trial, and that the evidence and facts supported the conclusion that Van Breda was behind the 2015 attack.
Botha told News24 after the ruling that they will now submit a petition to the Supreme Court of Appeal.
Van Breda's application was handled last Tuesday.
Botha had argued that his client – a very young person & # 39; – life in prison was only based on indirect evidence, while maintaining the realistic possibility that unknown attackers could have access to the De Zalze estate on the night of the horrendous murders. .
READ: Youthful Van Breda is for the whole life in prison only based on indirect proof – lawyer
Van Breda claimed that an intruder, dressed in a balaclava, gloves and dark clothing, was behind the murders, and that in January 2015 he had heard other voices from people who speak Afrikaans in the family's Stellenbosch family home.
He claimed that the man had escaped after a fight with the armed attacker who was also armed with a knife.
The defense argued that there was a realistic possibility, and not "just an unlikely possibility", as established by the court, that unknown invaders could have had access to that fateful night on the estate De Zalze.
Botha believed that, if a court of appeal could defend the conviction, there was a reasonable prospect that it would determine that the prosecutor had failed to prove the planning or premeditation.
The scathing evidence of experts who believed that Van Breda's injuries were inflicted on himself was also beyond reasonable doubt, he said. Botha also argued that the court had made a mistake in rejecting the version of his client about how the superficial cuts were inflicted on his arm and chest.
& # 39; If pieces of a puzzle & # 39;
During the application Desai noticed during the message that the evidence in this case "fit as a mosaic, as pieces of a puzzle".
He said the verdict would have been different if Van Breda had shown that the murders were a product of a disturbed mind.
Van Breda, however, had maintained his innocence.
Botha said there was no light on the motive for the attacks, especially given that the Van Bredas were a "happy family". But Desai had countered that the same could be asked about the motive of an unknown invader.
Prosecutor Susan Galloway agreed with Desai that the attacks were deliberately intended because Van Breda had to go downstairs to get the gun before returning to the upper floor.
The ax was aimed at the heads of his victims, who showed a direct intention to kill, she had asserted.
Desai in May handed Van Breda three life sentences for the murders of his parents and brother, 15 years for the attempted murder of his sister and a year for obstructing the judicial process.
Van Breda, who is serving his sentence in the Drakenstein prison in Paarl, was not present in court on Monday and during the application.
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