Doctor testifies in Joshlin Smith trial if accused was assaulted he would have more severe injuries

The doctor who examined one of the accused in the Joshlin Smith's kidnapping and human trafficking case testified in court on Thursday that when he examined Steveno van Rhyn, he told him he sustained the injuries after falling from a bakkie and did not state that any marks on his body were from an assault by police.

The proceedings are currently dealing with a trial within a trial to determine if evidence of an alleged assault on Van Rhyn and Jacquin “Boeta” Appollis would be admissible in the main trial as the accused stated that they were coerced into giving a confession.

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

The court proceedings resumed without Smith as she was admitted to hospital for medical treatment. 

Dr Hendrik Nel, who has been in practice for 29 years and has been at Vredenberg Provincial Hospital for 13 years as a medical officer, gave evidence on Thursday. 

The court heard that during his examination of Van Rhyn on March 5 2024, Van Rhyn told the doctor he had surgery on his left knee a few years ago and had allegedly fallen from a bakkie the previous day. 

“I wrote [in my clinical findings] bilateral form slight swelling anterior aspect clinically no fractures, his left knee had old surgical scar with a possible hemarthrosis and fluid below the knee (when you get hit in the knee you can have some free fluid which normally is blood and you can feel it below the skin and the bone) ... soft tissue injury left knee, no fractures,” said Nel. 

“I wrote 'right knee soft tissue injury clinically no fractures'.” 

Nel stated the underlying fluid in the knee could be from the fall from the bakkie. 

The court further heard that he had prescribed Panados to Van Rhyn and a bandage to be applied to his knee and he went for x-rays. 

Attorney Nobahle Mkabayi, representing van Rhyn, cross-examined Nel on whether her client’s injuries looked fresh. Nel said he was sure that they were as he said the fall occurred the previous day. 

She further questioned if Nel had asked how Van Rhyn fell and if he had examined him.. However, Nel said he could not recall and was unsure if he conducted a full examination. 

Nel was questioned if Van Rhyn had fallen, would he have suffered bruising. Nel said he just saw swelling and said had Van Rhyn fallen from a moving bakkie, he could have sustained abrasions. However Nel did not write this down. 

The court heard from Nel that the injuries described were in line with someone who fell from a bakkie as his knees were injured and his arms were swollen. 

Prosecutor Aradhana Heeramun put it to Nel that the court heard previously that Van Rhyn was allegedly assaulted by police officials and questioned “if that happened repeatedly and for hours would we see different or more severe injuries as to what you noted on the form?”. 

“They would have much more bruises I assume everywhere, it would be more severe,” said Nel. 

The court previously heard evidence from Sgt Mzamo Mbowane, who has served for 22 years and drove the vehicle to transport Van Rhyn to hospital and who said he was present in the examination room. He testified that Van Rhyn told the doctor that his legs and arms were sore after he fell from a bakkie the previous weekend and he was examined and taken for X-rays. Thereafter, he received medication, and the police officials returned to Saldanha Bay police station. 

The trial continues on Friday.

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