State argues Joshlin Smith accused 'adjusts testimony' as trial proceeds

An accused in the Joshlin Smith kidnapping and human trafficking trial was challenged by the state on Thursday for “adjusting your testimony and your version as you go along”.

Steveno van Rhyn was being cross-examined during a trial within a trial at the high court sitting in Saldanha Bay to determine if allegations of police torture to obtain a confession from him and co-accused Jacquin “Boeta” Appollis can be used in the main trial.

Prosecutor Zelda Swanepoel interrogated Van Rhyn about his version of events. She asked whether he had to “scream” or “shake his head” to indicate he wanted to speak while a plastic bag was held tightly over his head.

“I must scream,” said Van Rhyn. 

“Then why does your plea explanation say, ‘I must shake my head’?” she asked. “We will argue you are adjusting your testimony and your version as you go along.”

Van Rhyn replied he was told to scream and forgot to say he was also told to shake his head.

Judge Nathan Erasmus said it was clear during the evidence presented that Appollis was told to shake his head while Van Rhyn was told to scream.

“As things went on came the story that Appollis also screamed, as things develop instructions change and suddenly new things are added. Is it a question that you forgot or that you want to adapt your evidence?” asked Erasmus.

Van Rhyn said he forgot to say he was also told to shake his head.

Swanepoel questioned Van Rhyn about who had asked him to become a state witness in the trial. He said while he was held in prison at Malmesbury two unknown people told him he would be paid if he gave them information about Joshlin and he would be set free.

Swanepoel countered, saying that was not true as a police brigadier confirmed such a deal was “never on the cards”. 

Van Rhyn alleged in his testimony that: 

• he was taken to Jacobs Bay on March 4 2024, handcuffed, put on his stomach in the back of a vehicle and beaten while being questioned about Joshlin; 
• was told to dig his grave and that he would be thrown into water; 
• he was slapped and his private parts pinched, suspended upside down and had a gun barrel put in his mouth; and
• a plastic bag was placed over his head and he was told if he wanted to speak he should scream.

Swanepoel asked why he was taken to hospital the next day — was it due to torture injuries or normal police procedures?  

He replied due to injuries, but the prosecutor said it was standard police procedure that a suspect be taken for a medical examination before and after giving a confession.

The trial continues.

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