Joshlin case: Statements on 'alleged confessions' are admissible, judge rules in trial within a trial

Statements taken from two accused in the Joshlin Smith kidnapping trial will be admissible in the main trial, Judge Nathan Erasmus ruled in the Western Cape High Court on Thursday.

The trial within a trial heard arguments from the state and defence representation to determine whether the alleged confessions from Jacquin “Boeta” Appollis and Steveno van Rhyn would be added to the main trial as they claim they made their alleged confessions under duress.

They alleged they were assaulted and tortured by the police in March last year.

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

Prosecutor Aradhana Heeramun argued that what Appollis and Van Rhyn had told the court differed to their plea explanations, and that what was put to state witnesses also differed from their plea explanations. “When the accused took the stand their evidence further developed. If what you are saying is the truth, there would be absolutely no reason to change and that is the state’s strongest argument,” said Heeramun. 

“Both accused's credibility was shredded ... the credibility of these witnesses is certainly of a poor quality.”

Heeramun said the statements were made freely and voluntarily.  She further argued if they said what happened indeed occurred, they would have had more severe injuries.

Advocate Fanie Harmse, representing Appollis, said:  “When confronted with confessions made by suspects to police officers while in custody, even when those officers are said to be performing their duties independently of the investigating team, courts must be especially vigilant.”

Harmse said the accused in those instances were subject to the authority of the police, were vulnerable to the abuse of such authority and were often not able to exercise their constitutional rights before implicating themselves in crimes. 

He argued there was more than a reasonable possibility that Appollis and Van Rhyn were assaulted, regardless of the severity of the injuries and regardless of whether the doctor who examined them completely understood to make a proper assessment of the injuries.

Harmse said it was possibility true that they were coerced, injured and assaulted.

Erasmus ruled that the statements would be admissible in the main trial.

The trial continues on Tuesday.

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