KEY POINTS
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The confession dispute centers on claims of police torture.
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Van Rhyn and Appollis allege forced statements under duress.
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A trial within a trial may decide the admissibility of confessions.
The Western Cape High Court has entered a pivotal phase in the ongoing legal proceedings surrounding the disappearance of 6-year-old Joshlin Smith.
As the case resumes this week, more witnesses will testify at the White City Multipurpose Centre in Diazville, Saldanha Bay, where the court has temporarily convened.
This latest phase, known as a “trial within a trial,” focuses solely on whether alleged confessions made by two of the accused—Jacquen “Boeta” Appollis and Steveno van Rhyn- were freely and voluntarily given. Both men claim they were assaulted and tortured by police officers who coerced them into signing confession statements.
Both men say police officers assaulted and tortured them into signing false confessions.
Joshlin’s mother, Racquel “Kelly” Smith, did not make any claims of assault or coercion. She is the third accused in the case but not involved in the torture allegations.
The three were arrested after Joshlin vanished from her Middelpos home on February 19, 2024.
Police captain testifies on accused’s physical condition
Captain Philip Seekoei, a seasoned officer with over 33 years in the South African Police Service, testified last week that he saw no visible injuries on Steveno van Rhyn during the recording of his alleged confession on March 5, 2024.
He told the court that only he, Van Rhyn, and a videographer were present in the room at the time.
According to IOL, Judge Nathan Erasmus scrutinized the confession footage, asking Captain Seekoei whether Van Rhyn appeared to be limping or had visible bruises.
Seekoei responded that he did not observe any such signs. When asked about wrist marks, the captain said handcuffs might have been too tight or worn long. He admitted that his written report excluded some details of the incident.
However, Captain Seekoei insisted the video evidence remained complete and reliable for the investigation. Cross-examination was postponed at the request of Van Rhyn’s lawyer, Nobahle Mkabayi.
She needed extra time to consult further with her client before questioning resumed.
More testimony expected as legal battle intensifies
Judge Erasmus facilitated a special meeting between Van Rhyn and his lawyer at Malmesbury Correctional Facility and ordered the accused to cooperate fully.
Captain Seekoei will return to the stand for cross-examination, and Lieutenant-Colonel Adrian Pretorius will provide additional testimony. Pretorius recorded Appollis’ alleged confession on March 5, 2024.
