New witness testifies in Joshlin Smith case’s trial within a trial

As the trial within a trial in the Joshlin Smith case continues, a new witness took the stand on Tuesday afternoon to shed light on the controversial claims of police misconduct during the interrogation of two of the accused, Jacquen ‘Boeta’ Appollis and Steveno van Rhyn.

This additional legal proceeding was initiated after the two men alleged that they were assaulted and tortured by police officers during questioning. However, it is important to note that this separate inquiry does not affect the third accused, Kelly Smith.

The purpose of this trial within a trial is to determine whether any police brutality occurred, and whether statements obtained from the accused were made voluntarily. It will be up to the court to rule on this matter at the conclusion of the main trial.

Brigadier Leon Hanana Takes the Stand

On Tuesday afternoon, the Western Cape head of the Serious and Violent Crimes Unit, Brigadier Leon Hanana, was called as a witness.

Joshlin Smith

During his testimony, Hanana explained that he became involved in the case on February 19, 2024, the day Joshlin was reported missing. He stated that the case immediately caught the attention of senior police officials, including the Western Cape Police Commissioner General Patekile and the Deputy Commissioner, who instructed him to take charge of the case.

“This caught our immediate attention. Police Commissioner General Patekile and the Deputy Commissioner called me in and instructed me to give attention to this matter in Saldanha,” Hanana told the court.

Hanana explained that he traveled to Saldanha on February 29, 2024, but before his arrival, he had already been in contact with the commander of the Family Violence, Child Protection, and Sexual Offences (FCS) Unit to obtain details about the investigation.

Coordinating the Investigation

Upon his arrival, Hanana immediately called a meeting with various investigative teams, including Crime Intelligence (CI), FCS personnel, the Saldanha station commander, and Detective Captain Wesley Lombard, the investigating officer assigned to the case.

According to Hanana, Lombard led an experienced team consisting of two warrant officers, two captains, and a constable who specialized in kidnapping cases.

As the search for Joshlin intensified, multiple law enforcement agencies, including SAPS, the K9 unit, the City of Cape Town, and the South African Navy, collaborated with the public in a large-scale search operation on March 4, 2024.

Interviews with the Accused and a Disturbing Allegation

During the testimony, Hanana confirmed that he had requested the re-interviewing of Boeta, van Rhyn, and Kelly Smith.

While the men were being questioned at the Seaboard offices, Kelly Smith was placed in a separate area in the reception. Hanana stated that he made small talk with her, but when he inquired about Joshlin’s whereabouts, she refused to answer any questions.

He further revealed that police had received a tip-off from a man named Owen, who claimed that a navy soldier had once asked him to find a “white child”. Owen alleged that the naval officer was also a sangoma and insisted that Joshlin might be found in a mortuary near the soldier’s home.

“He said next to the man’s house was a mortuary, and he was sure if we bust the house and the mortuary, we would most probably find the child in that mortuary.”

Following this lead, Hanana ordered a full search, but nothing was found.

Claims of Police Brutality

Hanana also testified that before interviews with the accused began, Captain Lombard informed him that Boeta had arrived with a black eye.

“I told him he needs to report any injuries in a pocketbook or diary before we started the interviews,” Hanana stated.

When asked about police brutality, Hanana strongly denied that officers in his unit would resort to violence, stating:

“I am a detective in a specialized environment. We believe in outsmarting rather than assaulting. If something like that happened in front of me, I would take steps, whether it be disciplinary or criminal, against the member who assaulted.”

Confessions and Medical Evaluations

Hanana was not physically present during the interrogations, but he received updates from Captain Lombard.

At around 4 p.m. on the day of the questioning, Lombard informed him that both Boeta and van Rhyn had confessed. As per standard procedure, Hanana ensured that J88 medical reports were completed, which document any injuries on a suspect before and after a confession to prevent accusations of coercion.

The accused were then separated and detained at different police stations before making their first court appearance in the Vredenburg Magistrate’s Court.

Cross-Examination to Continue

Boeta’s lawyer, Fanie Harmse, has started his cross-examination of Hanana and is expected to continue questioning him on Wednesday.

As the trial within a trial unfolds, it remains to be seen whether the court will find merit in the allegations of police brutality or uphold the confessions as legally obtained evidence in the case.