KEY POINTS
- The defense in the Joshlin Smith trial argued that accused Stevano van Rhyn was “asleep or incoherent” during his police confession, seeking to disqualify it as evidence—a claim Judge Nathan Erasmus disputed.
- Tensions flared in court as defense attorney Nobahle Mkabayi clashed with the judge over video footage of the interrogation, which the prosecution insists shows Van Rhyn was lucid.
- The outcome of this “trial within a trial” could heavily influence the kidnapping and human trafficking case, with the defense aiming to weaken the state’s reliance on Van Rhyn’s alleged confession.
The high-profile trial surrounding the disappearance of six-year-old Joshlin Smith took another dramatic turn on Thursday as defense attorneys aggressively challenged the validity of a key confession statement.
In a heated “trial within a trial” at the Western Cape High Court—currently sitting in the Saldanha Bay Multi-Purpose Centre—lawyers for accused Stevano van Rhyn clashed with both the presiding judge and the lead investigator over whether their client was conscious during his police interrogation.
Joshlin’s mother, Kelly Smith, along with Jacquen Appollis and Van Rhyn, face charges of kidnapping and human trafficking in a case that has gripped South Africa since the child vanished in February 2024.
According to the EWN, the latest legal skirmish centers on whether Van Rhyn’s alleged confession to Detective Captain Philip Seekooi—recorded in March 2024—should be admissible as evidence.
Defense and judge clash over video evidence
Defense attorney Nobahle Mkabayi repeatedly insisted that video footage from the interrogation shows Van Rhyn drifting in and out of sleep while Seekooi transcribed his statement. “My client was clearly not in a coherent state to provide a reliable confession,” Mkabayi argued, alleging procedural misconduct. “Captain Seekooi had a duty to halt the process the moment he noticed signs of fatigue.”
However, Judge Nathan Erasmus visibly grew frustrated with this line of questioning, interrupting Mkabayi to assert that the footage “clearly shows Van Rhyn was awake and responsive.” The judge cautioned the defense against “misleading the court” by misrepresenting the video evidence.
Despite the rebuke, Mkabayi persisted, prompting a tense back-and-forth that underscored the high stakes of the hearing.
Legal analysts observing the trial suggest the defense’s strategy aims to undermine the prosecution’s case by casting doubt on the confession’s legitimacy. “If the court rules the statement inadmissible, it could significantly weaken the state’s argument,” explained legal expert Thando Mbeki. “Confessions often carry heavy weight in trials like this, especially when direct evidence is scarce.”
