Day 22 of the Joshlin Smith trial opened with anticipation as the state prepared to introduce critical video evidence relating to Steveno van Rhyn’s alleged confession.
Joshlin Smith trial today: Here’s a breakdown of what happened
The footage, taken during two separate interviews on 5 March 2024, was expected to bolster the state’s claim that Steveno voluntarily implicated himself and others in Joshlin’s disappearance.
However, the day descended into a series of procedural and technical missteps that drew stern criticism from Judge Nathan Erasmus and placed the state’s preparedness under severe scrutiny.
The day also began with the judge confirming that Kelly Smith had been transported to a medical facility following an earlier health emergency.
Her status remained uncertain by the end of the day, though the judge invoked the Criminal Procedure Act to allow proceedings to continue in her absence since the trial-within-a-trial does not directly involve her.
Steveno’s alleged confession is played in court: This was his version
Colonel Ian Clark was the first witness to testify. He confirmed he was called in by Brigadier Hanana on the morning of 5 March 2024 to take down Steveno’s confession.
Clark arrived in Saldanha Bay at 07:00, and by 10:33, video recording began at the FCS offices.
The footage, played in court, showed Steveno appearing lethargic but cooperative. He removed his handcuffs, confirmed his understanding of his rights, and signed paperwork.
Clark explained that Steveno appeared tired but repeatedly said he was fine.
As Clark went through the administrative steps, Steveno provided personal information and eventually signed his SAP14A form. The interview was suspended when Steveno stated he was hungry and needed to take medication.
At that point, Clark handed him over to Sgt. Engelbrecht and made a note confirming the confession had not proceeded.
Under cross-examination by Advocate Mkabayi, Clark faced questions about whether Steveno was tortured prior to the interview.
Clark denied knowledge of any mistreatment and insisted the interview did not reach the point where Steveno could make a full confession. Mkabayi challenged whether Steveno, with a Grade 7 education, understood the legal implications of his rights.
Clark responded that Steveno confirmed understanding and never expressed confusion during the process.
Later in the day, a second video was played—this time capturing the interview conducted by Captain Seekoe, who was called in to complete the process after Clark ended his attempt.
Steveno appeared more alert but visibly emotional. At one point, he buried his head in his arms and later closed his eyes for a long stretch, suggesting exhaustion or distress.
The audio in this second video was severely compromised.
Much of Steveno’s speech was inaudible. There were several references to “Kelly” and “Boeta,” and a brief moment when a man in a red T-shirt was mentioned.
However, Judge Erasmus noted this specific section in the manuscript was incomplete and missing critical wording, raising concerns about misrepresentation or omission.
Placing the contents of the video in context, Judge Erasmus revealed that according to Steveno, on Monday, 19 February 2024, Jacquen was asked by Kelly to deliver Joshlin to ‘Ma Ka Lima’, real name Phumza Sigaqa, so that the six-year-old could be collected by a man wearing a red t-shirt.
Steveno, Erasmus further explained, told Seekoe that he went back to Kelly at some point later that day to ask for his share of the money.
Judge has harsh words for state prosecutors
Still, without proper audio, many utterances were contextually lost, and on this crucial aspect, Judge Erasmus did not hold back his frustration.
He criticised the state for submitting a transcript that lacked several key interactions and moments captured in the video.
He also pointed to a line in the manuscript that omitted a potentially crucial word, which altered the meaning of the statement involving Boeta, Kelly, and Phumza Sigaqa.
The judge made it clear that what was presented in the courtroom did not constitute a confession. “We are wasting time,” he said, stating that if this was all the state had, he would have dismissed it.
However, since the state intends to add a pointing-out to the statement, he held off making a final ruling.
udge Erasmus ordered a copy of the full video to be provided to him for private review on his own device and adjourned the session with strong remarks about the state’s lack of thoroughness.
Witnesses who testified today: Here’s what was said
In addition to Clark and Seekoe, the court heard from Dr Hendrick Jacobus Nel, who examined Steveno and Jacquen Appollis on 5 March 2024.
Dr Nel confirmed that Steveno had reported falling from a bakkie the day before and had soft tissue injuries, but no fractures or abrasions were noted.
He said the injuries could be consistent with either a fall or blunt force trauma.
On Jacquen’s form, Dr Nel noted a swollen foot, a bruised left eye, and contusions on his left knee.
He confirmed that Jacquen attributed the injuries to an arrest on 4 March 2024. While Dr Nel acknowledged the injuries were real, he could not definitively confirm if they were fresh or caused by assault.
During cross-examination, Dr Nel told the court that if the torture described by the defence had occurred, more severe injuries would likely have been present.
He added that inconsistencies in the account—such as no abrasions from falling off a moving bakkie—raised questions, but not enough for a conclusive determination.
Here’s what happens next in the trial-within-a-trial
Court will resume with the cross-examination of Captain Seekoe, who took over the interview process from Colonel Clark.
The judge has requested time to privately watch the full video, and the state has indicated it will introduce a pointing-out to support its case that Steveno confessed.
Attention will also turn to Kelly Smith, who remains hospitalised.
It’s unclear whether she will return to the Langebaan facility or remain under medical supervision.
Her absence may continue into the next session, though Judge Erasmus confirmed that her status does not halt the proceedings for now.
With the spotlight fixed on the admissibility of Steveno’s statement and the poor execution of its presentation, the next day in court is expected to be pivotal.
Captain Seekoe’s cross-examination is likely to be extensive as the defence sharpens its challenge to the integrity of the alleged confession.