The courtroom resumed on Day 26 with the continuation of the trial-within-a-trial, focused on whether statements made by accused Jacquen Appollis and Steveno van Rhyn were freely and voluntarily given.
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The day featured the final phase of cross-examination of Sergeant Dawid Fortuin, followed by intense questioning of Captain Phillip Seekoei, the officer who recorded Steveno’s alleged confession on 5 March 2024.
Advocate Nobahle Mkabayi, acting for Steveno, returned to challenge Fortuin’s failure to act on Steveno’s alleged poor condition during questioning.
She insisted that Fortuin was constitutionally obligated to ensure that Steveno was fit to participate and, if not, to secure medical help.
Fortuin, however, stood firm that at no point did Steveno appear unwell or express that he was in pain or unable to give a statement.
He reiterated that any injuries were assessed as soft tissue abrasions by medical experts and were not indicative of the severe torture claimed by the defence.
Mkabayi attempted to pressure Fortuin into admitting he had failed in his duties during the 4 March interview, but several of her questions were ruled inadmissible.
Fortuin insisted that Steveno never mentioned being coerced and that inconsistencies in the earlier statements of the accused justified holding them at the Sea Border offices.
Fortuin confirmed that Steveno was never processed as a suspect at that time, so he was not obligated to go through the SAP14A form with him.
Once Mkabayi concluded, Fortuin was excused.
After a court recess, Captain Seekoei took the stand. He was the officer called in to take Steveno’s alleged confession after Colonel Ian Clark halted an earlier attempt due to Steveno’s reported fatigue and need for medication.
Seekoei confirmed that he was not aware of Steveno’s physical or emotional state upon arrival. He explained that while he observed Steveno walking to his chair, he was not examining him and saw no cause for concern.
However, Mkabayi highlighted footage showing Steveno staggering and appearing visibly injured, arguing that this should have raised alarm.
Seekoei responded that he was aware of Steveno’s injuries but considered him stable enough to proceed.
He acknowledged that not all of his interactions with Steveno were recorded in writing, as the video was intended to be the primary evidence.
He also explained the J88 medical forms—one conducted before and one after the confession—to document any physical harm.
Despite persistent questioning, Seekoei maintained that he followed all procedures and did not witness any signs suggesting Steveno was unfit to participate.
Here’s what happens next in the trial-within-a-trial
As proceedings wound down, Judge Nathan Erasmus, battling a persistent cough, signalled that the trial-within-a-trial is nearing its conclusion.
He ordered that Appollis and Van Rhyn be held in nearby police cells overnight rather than being transported to Malmesbury Prison past lock-up time.
This ensures the trial can begin promptly at 08:00 the next morning.
Judge Erasmus also confirmed that the pointing-out initially considered part of this process would not be pursued, as the location in question was already known to police before Steveno’s statement.
With consensus from legal counsel, the pointing-out was excluded from the trial-within-a-trial proceedings.
He advised that Advocate Harmse may begin argument for the defence on the following day, unless the prosecution takes longer than expected.
Final arguments from both sides are expected to be heard on Friday morning, with Judge Erasmus planning to deliver his ruling that same afternoon.
If all proceeds as scheduled, Day 27 may mark the formal end of the trial-within-a-trial phase, bringing the focus back to the main trial.