Evidence on alleged confession delayed in Joshlin Smith trial

The hearing of further evidence and cross-examination of a witness regarding the alleged confession made by one of the men accused of having a hand in the kidnapping of six-year-old Joshlin Smith was delayed on Friday, after his lawyer asked for time to consult with him regarding video footage of his alleged confession. 

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

On Friday the court was expected to hear evidence and cross-examination on the alleged confession made by Van Rhyn on March 5 2024. However, his attorney Nobahle Mkabayi told the court she needs time to consult with her client on video footage which contained the alleged confession. 

Joshlin's mother  returned to the dock after she was absent from court on Thursday due to being admitted to hospital for medical treatment. 

Capt Philip Seekoei, who took down the statement from Van Rhyn, was questioned by judge Nathan Erasmus on whether he asked about any injuries the accused had. Seekoei said he had told him he had none. This is despite going for a medical examination on the same day which noted he had injuries from an alleged fall from a bakkie.

The court previously heard Van Rhyn and Appollis were allegedly tortured and assaulted by police officials at the Saldanha Sea Border offices on March 4 2024. 

Dr Hendrik Nel testified on Thursday that Van Rhyn told him 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, soft tissue injury left knee, no fractures,” said Nel.

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

Erasmus asked Seekoei what Nel’s findings were and questioned if he saw any of the injuries. Seekoei said he had not seen any bruises and had not looked at the J88 form, which is a legal document used in criminal proceedings to record injuries sustained, written by Nel. 

The court heard the accused had been handcuffed, and Seekoei testified that when they were removed it appeared they were “a bit tight” around his wrists. 

“It was put to Capt Lombard that during the interrogation Steveno was assaulted/tortured and handcuffed. Could you see any marks on the wrists?” asked Erasmus. 

Seekoei said he could not see any marks, and Erasmus said he did not notice anything on the video footage.

The trial continues. 

TimesLIVE