Joshlin Smith trial: Defence lawyer claims police recorded confession while accused was asleep

Defence lawyer Nobahle Mkabayi continued her determined cross-examination of Captain Philip Seekoei on Thursday, arguing that her client, Steveno “Steffie” van Rhyn, was not in a proper physical or mental condition to give a valid confession in the days following the disappearance of six-year-old Joshlin Smith.

The testimony forms part of a trial-within-a-trial in the Western Cape High Court, currently sitting at the White City Multipurpose Centre in Diazville, Saldanha Bay.

The court must first determine whether confessions made by Van Rhyn and his co-accused were freely and voluntarily given before deciding whether they are admissible in the main trial.

Joshlin went missing from her Middelpos home on February 19, 2024.

Her mother, Racquel “Kelly” Smith, told police she had left the child in the care of her boyfriend, Jacquen “Boeta” Appollis, while she went to work.

Appollis claimed that Joshlin walked off angrily at around 2pm that day and never returned.

He admitted to later smoking tik with Van Rhyn and former accused Lourentia “Renz” Lombaard. All four were arrested in early March, but charges against Lombaard were dropped.

Van Rhyn, Smith, and Appollis now stand accused of kidnapping and human trafficking.

A fourth accused, a woman referred to in court as “Maka Lima”, was later added after being implicated by the others.

On March 4, 2024, Van Rhyn, Smith, and Appollis were questioned by police and officially detained in the early hours of the next morning.

It was during this period that the controversial confession videos were recorded.

In court on Thursday, Mkabayi argued that Van Rhyn’s condition during the filmed statement on March 5 shows a man who was not fit to speak, let alone confess.

The footage played again in court showed Van Rhyn repeatedly closing his eyes and appearing drowsy and fatigued.

“Most of the time, he is sleepy, closing his eyes. He opened his eyes and immediately closed them again,” Mkabayi told the court, questioning Seekoei on why he continued with the confession.

“Just because he is closing his eyes doesn’t mean he is sleeping,” Seekoei replied, adding that Van Rhyn responded to his questions and nodded during the reading of his rights.

Mkabayi fired back: “You didn’t ask him if he was sleeping, so you can’t come to court and say he was not.”

Judge Nathan Erasmus cautioned Mkabayi not to waste time by showing video frames that didn’t advance her argument, but the defence pressed on, suggesting that Van Rhyn had been tortured the night before, left without food or sleep, and was in visible pain when brought before the officer.

“When he was brought in front of you, he was in pain and he was deprived of sleep on the previous night,” Mkabayi argued. “He was scratching his body, balancing his arms on the table. He doesn’t look present, even though he’s physically there.”

Seekoei insisted there was no reason to stop.

“He was not sleeping. He nodded, and that was an indication that he understood everything,” he said.

At one point, the captain agreed with the defence that the accused dozed off, and he had to call his name to get his attention.

Mkabayi asked Seekoei to give reasons for continuing with the interview when he could see Van Rhyn was falling asleep.

When Mkabayi suggested a postponement, Erasmus insisted the proceedings continue, noting that Seekoei had been driving from Cape Town to Saldanha Bay for six days.

The defence claims Van Rhyn was coerced into falsely implicating others, including “Maka Lima”, in a desperate attempt to satisfy police demands.

Adding to the proceedings was the testimony of Sergeant Dawid Johannes Fortuin, earlier this week, who was one of the first officers to interview Van Rhyn after his arrest.

Fortuin testified that Van Rhyn seemed agitated and restless but did not report any injuries at the time.

This testimony could become crucial in evaluating whether there is medical or police evidence supporting Van Rhyn’s claims of mistreatment before the confession.

Meanwhile, Kelly was escorted out of court on Thursday morning after suffering a bump to her forehead while being transported in a police van.

She cried and was quietly removed from court but returned later.

Judge Erasmus later confirmed that she would attend court late on Friday to receive medical attention.

The trial-within-a-trial resumes on Friday as the defence continues to challenge the legality of the confessions.

mandilakhe.tshwete@inl.co.za