On Day 20 of the Joshlin Smith trial, the morning began with defence advocate Nobahle Mkabayi resuming her cross-examination of Captain Wesley Lombard, focusing on allegations made by her client, Steveno van Rhyn, that he was tortured into making incriminating statements.
Joshlin Smith trial today: Here’s a breakdown of what happened
Captain Lombard completes cross-examination
Mkabayi questioned Lombard’s role during Steveno’s interview on 4 March 2024, pressing him on why he failed to document questions and answers and accusing him and Sergeant Fortuin of using aggressive tactics to elicit false confessions.
Lombard denied these accusations, insisting the strategy used was a standard method to extract truthful information, not to force cooperation. He confirmed that Steveno was initially reluctant but voluntarily began sharing information, including that Kelly Smith should be questioned and, later, naming Phumza Sigaqa.
Lombard also clarified that while Steveno and Jacquen gave directions to Phumza’s home, they never physically left the Sea Border compound on 4 March 2024.
He rejected claims that the accused were taken to her home, directly contradicting Steveno’s version.
Mkabayi challenged the absence of detailed notes in Lombard’s affidavit and pointed out that prosecutors were not present when Steveno gave his statements.
Lombard explained that he later relayed additional details to prosecutors once back in Cape Town.
A key point of contention was the J88 medical form.
Defence introduced Steveno’s form, noting soft tissue injuries on his forearms.
Lombard argued the injuries were not consistent with the type of torture alleged, such as being suspended with restraints.
He pointed out that if such acts had occurred, there would have been visible pressure marks or bruising around the wrists.
Mkabayi concluded her cross-examination by asserting that Steveno was not injured before his arrest and that his statements were made under duress—claims Lombard flatly denied.
The state then re-examined Lombard, asking how he would have responded had he been aware of any assault.
Lombard testified that he would have immediately halted the interviews and informed his superior, Brigadier Leon Hanana.
With that, Lombard’s testimony concluded.
Brigadier Hanana reveals crucial details you must know about
Brigadier Leon Hanana, a veteran detective with 37 years of experience, was sworn in next.
Much of his early testimony aligned with what Lombard had already told the court about events leading to 4 March 2024.
Hanana confirmed he arrived in Saldanha Bay on 29 February 2024 and worked primarily from the FCS building, where Kelly Smith was being held.
He confirmed the account involving Owen, the man who claimed he once worked for a navy man who also operated as a sangoma.
Owen stated this man drove a red car, lived next to a mortuary, and asked him to bring a white child.
A search of the property identified by Owen yielded no results, and Owen was dismissed after investigators returned with that report.
Hanana provided further clarity on who was involved in interviewing Kelly, naming Sgt Johnson, Constable Refilwe Sekgobe, and a Lieutenant-Colonel from Crime Intelligence.
He also confirmed that Captain Lombard informed him of Jacquen’s blue eye and later about the reference to “Makalima”—the nickname for Phumza Sigaqa, who was brought in with her husband and children.
Crucially, the court identified Phumza as the sister of Ayanda, Lourentia Lombaard‘s boyfriend. This was the first time in court that this reference, made by Judge Nathan Erasmus, without the ‘allegedly’ fulcrum, was made.
When asked by Hanana about Joshlin, Kelly reportedly evaded all questions.
Hanana recalled that at approximately 03:00 on 5 March 2024, Lombard informed him that both Steveno and Jacquen were ready to confess.
Hanana then contacted senior officers, including Col. Clark and Lt-Col Pretorius, to manage the confessions.
He ensured that medical examinations (J88 forms) were conducted both before and after the statements to verify whether any injuries were new or pre-existing.
A logistical shift was revealed—Kelly was detained in Langebaan, Jacquen in Laaiplek, and both Steveno and Phumza were held in St Helena Bay.
During Steveno’s initial interview with Col. Clark, the accused reportedly fell asleep. Hanana instructed the officer not to proceed, and another detective who was unfamiliar with the case completed the confession at a later stage.
Under cross-examination from Advocate Fannie Harmse, Hanana explained that inconsistencies in earlier statements made by the accused prompted him to call in all three for further questioning.
When asked about Jacquen’s visible injuries, Hanana said he assumed it had come from community altercations.
Here’s what happens next in the trial-within-a-trial
Proceedings were adjourned with Brigadier Hanana still on the stand and cross-examination set to continue on Day 21.
Judge Nathan Erasmus expressed logistical concerns regarding the travel arrangements for Steveno and Jacquen, noting that late returns to Malmesbury Correctional Centre result in them missing meals and having to rise early for court.
Plans are underway to relocate them closer to the trial venue.
The judge instructed both men to bring their belongings to court the following day in anticipation of a move.
