External pressure in Joshlin Smith case led to coerced confession: defence

The defence in the trial of the alleged kidnapping and human trafficking case of missing Joshlin Smith has argued that the police investigating the case were under enormous pressure from the public and some politicians, which led them to use wrong tactics to coerce the accused, who are standing trial, to make false confessions. 

Joshlin's mother, Raquel “Kelly” Smith, together with her boyfriend, Jacquin “Boeta” Appollis and Steveno van Rhyn, are accused of being behind the girl's disappearance. 

On Wednesday, advocate Fanie Harmse for Appollis asked witness Brig Leon Hanana if he agreed that the pressure from the media, the community and minister of sports, arts and culture Gayton McKenzie all had a “finger in the pie” by putting pressure on police officials. 

Hanana said he agreed that there was pressure from external role players on him and his team to make a breakthrough in the case, but it did not pressure him. 

Harmse argued that due to the pressure the accused were physically forced to give evidence which led to Appollis and Van Rhyn confessing —  an argument Hanana said he did not agree with.  

Hanana is the Western Cape provincial head of the serious and violent crimes unit and gave evidence stating his role in the investigation was to find Joshlin and co-ordinate with all the external and internal role players to do searches in Saldanha Bay.

He told the court that on March 4, after police members conducted a search, he  gave the instruction to have another interview with Appollis, Van Rhyn and Smith as there were discrepancies in their initial statements. 

He stated he gave the instruction to the previous witness, Capt Wesley Lombard, that he  should ensure the accused were brought to the Saldanha Sea Border offices; however, the interviews were delayed as a civilian by the name of Owen came to the station stating he had information on where Joshlin could be. The information was a false alarm as police found nothing. 

Harmse asked Hanana if any assault happened during the questioning of the suspects.  

“As a senior manager I need to take steps against that member,” said Hanana. 

The court previously heard from Lombard that the community was up in arms and took a stand to work against police officials. He added that they were under a false impression that the SAPS had stopped the investigation days after Joshlin disappeared. However, it was not true. 

He said that videos circulating on TikTok stating that the police did not have the necessary resources had an impact on the community not realising the dangers they could have put Joshlin in. 

“There was an outcry from the community that SAPS was hiding information, and they wanted to know everything ... it is clear they did not know how an investigation works. You can put the victim’s life in danger,” said Lombard.

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