As reported yesterday, axe murderer Henri van Breda's legal team is asking the Constitutional Court to grant him leave to appeal against the murder conviction and sentence imposed by the Western Cape High Court in June last year.

A Cape Argus report notes he is serving a life sentence for the triple murder of his parents and brother. His younger sister Marli survived the attack. An accompanying affidavit by attorney Lorinda van Niekerk handed to the Constitutional Court yesterday in support of his application outlined the grounds on which their appeal is based and on which points they differ with Judge Siraj Desai's ruling.

She said: It is submitted that the court a quo erred and misdirected itself by concluding that the proven facts are only consistent with a finding that Van Breda was the person who attacked his family and that the proven facts exclude as reasonable inference that the applicant's exculpatory version is reasonably possibly true. The finding that the absence of blood underneath Van Breda’s sock is an anomaly – whether he is a victim or perpetrator. It is respectfully submitted that the absence corroborates his version as to his role in the events as they occurred.’

Van Niekerk added at the same time it renders the state’s narrative, that he managed to attack his entirely family with an axe; engage in a severe struggle with Marli; and drag his brother Rudi around whilst the latter is lying in a pool of blood without stepping in any blood at all, is highly improbable, if not impossible.

The NPA will file its replying affidavit next Friday.

Full Cape Argus report