ConCourt dismisses Van Breda broadcast case

The Constitutional Court has dismissed axe-murder accused Henri van Breda’s leave to appeal a decision granting Media24 permission to livestream his upcoming murder trial.

This follows a decision by Western Cape High Court Judge Siraj Desai to not grant van Breda and the State leave to appeal his decision to allow live coverage of court proceedings.

Desai last Thursday granted the media house permission to livestream the trial, albeit with guidelines. 

According to News24, the ConCourt refused to hear the matter, saying it was not in the interest of justice. 

Desai had earlier ruled that it would be “inconsistent” to refuse the livestreaming of the trial in a “modern era of rapidly increasing methods of mass communication”.

The judge further ruled that there was no evidence to support a claim made by the state of “possible adverse effects” in broadcasting the witnesses’ testimonies.

Desai also said it was not easy to ascertain how the axe-murder accused’s “fair trial rights would be compromised” by allowing the livestreaming of court proceedings. 

Van Breda’s legal team said they would now turn to the Supreme Court of Appeal following the ConCourt’s ruling.

Van Breda is facing three charges of murder, one of attempted murder, as well as defeating the ends of justice.

The 22-year-old allegedly killed his father, mother and brother with an axe at their luxury de Zalze Estate home outside Stellenbosch on January 27, 2015.

His sister, Marli, who was 16 years old at the time, survived the attack with severe injuries and memory loss.

The trial was postponed to April 24.

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