The NPA and murder accused Henri van Breda have applied to the SCA and the Constitutional Court to oppose an order allowing video streaming in a criminal trial, Die Burger reports. Western Cape DPP Rodney de Kock claims in his affidavit that the order of the Western Cape High Court infringes on three fundamental personal rights: the right to privacy, the right to freedom of speech and the right to a fair trial.

De Kock argues that the presence of cameras in the courtroom creates an intimidating atmosphere for witnesses – especially those who are testifying for the first time. ‘When a witness is cross-examined or is in a situation where there is additional pressure to provide an answer, the witness’ conduct will be an important aspect in assessing the testimony,’ he says. De Kock also argues that cameras may create a dangerous phenomenon where a witness ‘aspires to become a sort of celebrity’. As was reported in Legalbrief Today, the High Court dismissed the applications for leave to appeal. Van Breda’s trial is scheduled to begin on 24 April. He is accused of murdering his parents and brother. Die Burger is part of Media24, the applicant in the case.

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