Tense courtroom drama unfolds in Joshlin Smith case

A week of explosive testimony and cross-examination has taken centre stage in the Western Cape High Court as two of the accused in the Joshlin Smith case claim they were tortured into making confessions. The court is currently engaged in a trial-within-a-trial to determine whether those confessions were made voluntarily or under duress.

Background: Joshlin’s Disappearance and the Accused

Six-year-old Joshlin Smith vanished on 19 February 2024 from her home in Middelpos, Saldanha Bay. Her mother, Racquel “Kelly” Smith, had left her in the care of Jacquen “Boeta” Appollis, one of the accused.

Following Joshlin’s disappearance, Appollis, Steveno “Steffie” van Rhyn, and Kelly Smith were arrested. A fourth individual, Maka Lima, was initially implicated but later had charges dropped. A fifth suspect, Lourentia “Renz” Lombaard, has since turned state witness.

Joshlin Smith case

Allegations of Torture by Police

Appollis and Van Rhyn testified that their confessions were not given freely. Instead, they allege brutal physical assaults and psychological coercion during their police interrogations shortly after their arrests in early March 2024.

Appollis described how he was handcuffed, blindfolded, wrapped in a flag, and beaten with batons. He claimed he was suspended with an aluminium pipe under his knees and suffocated, tactics often associated with torture. He further alleged witnessing Van Rhyn being assaulted and female officers hitting Maka Lima under her feet.

“They told me to say that Steveno and I took Joshlin to Maka Lima, and that she was going to give Kelly R20,000,” Appollis said.

Cross-Examinations and Contradictions

During cross-examination, State Prosecutor Aradhana Heeramun challenged Appollis’ version of events. She questioned why he never reported the alleged torture and pointed out that his J88 medical report, completed by an independent doctor, did not reflect the injuries he described.

“If what you say is true, the J88 would be lit up,” Heeramun remarked.

Appollis admitted to lying to the doctor, claiming he said the injuries were sustained during arrest because he was afraid to tell the truth in front of the officers who assaulted him.

Heeramun also highlighted that both Appollis and Van Rhyn used near-identical language to describe their alleged mistreatment. “Why is it word for word the same?” she asked.

“That is how it happened with me, and that is what I understand,” Appollis replied.

Police Testimonies: Denial and Discrepancies

Several officers involved in the case were called to testify. Sergeant Dawid Fortuin of the Anti-Kidnapping Unit said that Van Rhyn initially mentioned Lima’s name, and Appollis later confirmed it. He denied knowledge of another man, Ayanda Litoni, whose removal by police had been circulated in social media videos.

Lieutenant-Colonel Adrian Pretorius, who took Appollis’ confession, admitted Appollis mentioned injuries but claimed not to recall any visible injuries until shown video evidence.

Warrant Officer Heinrich Schmidlin, who took Appollis for a medical check-up, confirmed seeing injuries to his foot, knee, and eye, though Appollis allegedly said they were from jumping out of a police van.

Meanwhile, Captain Philip Seekoei, who took Van Rhyn’s statement, faced intense questioning from defence attorney Nobahle Mkabayi. She presented a video showing Van Rhyn disoriented and possibly sleep-deprived, arguing he was not in a fit state to understand or voluntarily give a confession.

Next Steps in the Trial

The week concluded with Appollis testifying on Friday, following four days of testimonies and cross-examinations. The court will not sit on Monday, but proceedings are expected to resume Tuesday, with further cross-examinations by the State.

Judge Nathan Erasmus expressed hope that the trial-within-a-trial can be wrapped up next week, allowing the main trial to proceed. The outcome of this phase will be crucial in determining whether the confessions will be admissible as evidence.