Western Cape High Court Judge Siraj Desai has ordered a suspension of his earlier ruling that gave Media 24 the go-ahead to live stream proceedings during the trial of alleged axe murderer Henri van Breda.
Twenty-two-year-old Van Breda is accused of murdering his mother, father and brother in their upmarket home in the de Zalze Estate outside Stellenbosch on January 27, 2015.
His sister, Marli, who was 16 years old at the time of the attack, survived with severe brain injuries and memory loss.
On Monday, Desai granted the digital publisher the right to take still photos and video fifteen minutes before court every day and after the adjournment of proceedings.
During court sittings, he ruled that two video cameras may be set up and “record with guidelines”.
They may not be attended, must be stationary and on tripods so that there was as “little intrusion as possible”. He also ordered that no photographs or video footage be taken of Marli van Breda.
But, both the state and defence appealed the order.
Defence lawyer Pieter Botha said they would approach the Constitutional Court to obtain permission to turn to the Supreme Court of Appeal.
The State’s Hilton Epstein argued that Media 24 had brought their application at the 11th hour and that the court needed to consider “fair trial rights”.
Desai, clearly anxious to start the criminal trial, said: “You are generating a lot of noise, but there is no real prospect of jeopardising the trial. We live in a society that is more open than ever before”.
He also pointed out that his ruling had not been “cast in stone”.
Acting for Media 24, Advocate Barbara Vaughan argued that the earlier order had been “flexible”, and the trial should proceed with live coverage.
However, Desai suspended his order and said the criminal trial would proceed at 2.15pm. Reasons for his earlier order would be made available to the state and defence next week.
One witness was expected to testify on Monday afternoon while an inspection in loco is scheduled for tomorrow.
The trial will then be postponed to April 24, as this is the last week of court sittings before recess.
Van Breda faces three counts of murder, one of attempted murder, as well as defeating the ends of justice. He is currently out on bail of R100,000.
-African News Agency (ANA)
