Day 19 of the Joshlin Smith trial saw cross-examination begin on testimony provided by Captain Wesley Lombard, as the defence teams for Jacquen Appollis and Steveno van Rhyn challenged the way police obtained statements from their clients.
Joshlin Smith trial today: Here’s a breakdown of what happened
Court hears about Phumza Sigaqa for the first time
A major development came during this session when the court learned, for the first time, that the woman both Jacquen and Steveno had referred to during questioning on 4 March 2024 was Phumza Sigaqa—previously listed as Accused 4 in the early stages of this case.
While charges against Phumza were later dropped, it was revealed in court today that she is currently listed as Witness 55 on the state’s witness list.
According to previous police interviews, both Jacquen and Steveno independently pointed to Phumza as someone who could provide information about Joshlin’s disappearance.
The court heard that after Steveno initially mentioned her name, investigators took that information to Jacquen for verification, which he appeared to confirm.
The defence has challenged this part of the investigation, arguing that Jacquen’s cooperation was not voluntary but the result of fear and coercion.
The state’s witness, Captain Lombard, maintained that no signs of assault were present when he observed the suspects that day and claimed that Jacquen specifically denied being physically harmed.
Lombard also stated that further investigation into Phumza’s alleged involvement did not yield any helpful leads.
Nonetheless, her inclusion as a witness by the state is being closely watched, as her name has now been linked to earlier suggestions made by the accused that Joshlin may have been sold to a sangoma.
The defence’s approach to dismissing the admissibility of Jacquen and Steveno’s statements
The focus of Day 19 was on how the statements made by Jacquen and Steveno on 4 March 2024 were obtained, with both defence teams arguing they were coerced through threats, force, and abuse.
Advocate Fannie Harmse, representing Jacquen, and Advocate Mkabayi, acting for Steveno, pressed Captain Lombard on allegations that both men were subjected to physical and psychological torture while at the Seaboarder offices in Vredenburg.
Harmse accused the police of creating an environment of fear, claiming that Jacquen was assaulted by two officers using a method referred to as the “helicopter”—a position where a person’s arms and legs are tied around a rod and lifted into the air.
Harmse said a plastic bag was allegedly placed over Jacquen’s head and that he was struck by unidentified men, including one who spoke Xhosa.
Lombard denied witnessing or hearing of any such abuse and stated that, throughout the day, he moved between buildings on the property and never saw or heard signs of assault.
The defence also asserted that unmarked units—officers not wearing police uniforms—were responsible for the alleged torture, casting doubt over whether proper procedures were followed.
Lombard responded that while some senior-ranking officers do not wear uniforms, several uniformed officers were present and assigned to monitor the suspects.
The judge intervened during this exchange, noting the need for clear facts rather than conjecture, especially regarding who may have been responsible for supervising the suspects.
Ms Mkabayi further questioned the accuracy of timelines, especially around when and how Steveno was brought to the police station.
According to the defence, Steveno was not picked up in Diazville, as previously stated, but rather was taken while hitchhiking near Vredenburg and allegedly driven around by unidentified individuals before being handed over to police.
Lombard said he was unaware of these claims and reiterated that, at the time, Steveno was being sought in connection with the case and was brought in as part of a broader search operation involving multiple teams.
Discrepancies between Steveno’s and Jacquen’s statements, particularly regarding who was present at Kelly’s house on 19 February 2024, were also probed.
The state contends that inconsistencies may point to intentional efforts to obscure the truth about Joshlin’s whereabouts.
The trial is at a crucial stage: Here’s what happens next
The trial will resume on Tuesday, 1 April 2025, with the cross-examination of Captain Lombard continuing.
The court, at this time, has entered into a trial-within-a-trial to determine whether the statements given by Jacquen and Steveno on 4 and 5 March 2024 are admissible.
The outcome will likely hinge on whether the judge finds credible evidence that the statements were made voluntarily or obtained through coercion.
Meanwhile, attention remains on Phumza Sigaqa, whose testimony as a state witness could offer insight into the directions the investigation may still take.
