Day 27 of the Joshlin Smith trial continued with intense scrutiny on the conduct of law enforcement, as Advocate Nobahle Mkabayi resumed her cross-examination of Captain Philip Seekoei.
Joshlin Smith trial today: Here’s a breakdown of what happened
The focus remained firmly on the procedures followed during the alleged confession of Steveno van Rhyn, and whether proper safeguards were in place to ensure the statement was made voluntarily and with full comprehension.
Captain Seekoei, who was brought in to take Steveno’s statement after Colonel Ian Clark halted the initial interview due to concerns about Steveno’s physical state, faced a gruelling session on the witness stand.
Mkabayi argued that her client, who has a maximum Grade 7 education, may not have fully understood the rights being read to him and was not in a suitable condition to make a confession.
The court has already heard video evidence showing Steveno appearing unsteady and distressed during the recorded interview.
Judge Nathan Erasmus was notably firm with Captain Seekoei, often stepping in to challenge his version of events.
Observers noted that the judge appeared to echo some of the concerns raised by the defence, questioning why key procedural elements seemed to have been overlooked.
Despite previous medical testimony from Dr Hendrik Nel and Dr Tania Zimri that found no evidence of torture, the judge raised doubts about whether Steveno should have been interviewed in the first place, given his visible physical condition.
Captain Seekoei was eventually excused after a long day of testimony.
The judge thanked him for his dedication in travelling daily from Cape Town to Saldanha Bay to testify, particularly in the wake of a shooting incident at the Wynberg Magistrates Court, which would ordinarily fall within Seekoei’s jurisdiction.
Earlier in the day, Kelly Smith was once again in the spotlight, arriving late to court with a visible injury on her forehead, reportedly sustained while being transported in a police van.
While not directly involved in the trial-within-a-trial, Kelly has had multiple medical episodes during the broader trial. Her arrival at court was marked by a series of emotional shifts—from posing for photographers to crying moments later—before she was escorted out and later returned.
Here’s what happens next in the trial-within-a-trial
With Captain Seekoei’s cross-examination concluded and Advocate Mkabayi resting her case, Judge Erasmus confirmed that arguments in the trial-within-a-trial would proceed next. He indicated that Advocate Fannie Harmse may begin with defence submissions the following day, depending on how long the prosecution takes to present its final position.
The judge also reiterated that the planned “pointing-out” evidence initially tied to Steveno’s statement would not be pursued. All parties agreed that since police already had prior knowledge of the relevant location, the pointing-out could not add probative value to the trial-within-a-trial.
Final arguments from both the defence and prosecution are expected to be heard on Friday morning, followed by Judge Erasmus’s ruling later that same day. If delivered as scheduled, the judgment will mark the end of the trial-within-a-trial phase.
Judge Erasmus announced there would be no sitting on Monday, 14 April 2025. The court is scheduled to resume proceedings from Tuesday next week, with focus expected to shift back to the main trial and the broader question of what happened to Joshlin Smith.