Day 29 of the Joshlin Smith trial saw dramatic testimony from both Jacquen Appollis and Steveno van Rhyn as they attempted to convince the Western Cape High Court that their alleged confessions were not made freely or voluntarily.
Joshlin Smith trial today: Here’s a breakdown of what happened
The trial-within-a-trial, now in its final stages, is testing whether these statements should be admissible in the main trial.
Appollis, under sustained cross-examination by state prosecutor Aradhana Heeramun, continued to struggle with inconsistencies in his testimony.
He claimed he was tortured by police officers between 4 and 5 March 2024 and coached to confess falsely. He alleged a coloured police officer instructed him to say he, Kelly Smith, and Steveno took Joshlin to “Maka Lima” (Phumza Sigaqa) to be sold for R20,000.
However, the state highlighted contradictions between his claims of torture and the medical evidence. Doctors who examined Jacquen before and after his confession reported no signs of serious injuries consistent with the assault he described.
When pressed about his shifting narrative regarding the cause of his foot, eye, and knee injuries, Jacquen admitted that he initially lied to doctors out of fear.
His credibility was further damaged when the court was reminded of a warning statement he made on 6 March 2024, the day after his recorded confession. In that document, he again implicated himself and others in Joshlin’s disappearance, saying he wanted to “clear his conscience.” Under cross-examination, he denied parts of that statement despite it bearing his signature and mirroring parts of the alleged confession.
Judge Nathan Erasmus was openly sceptical. When Jacquen was asked why his allegedly fabricated confession included elaborate and vivid details—like children playing outside the house—he claimed he was trying to make the story sound more real.
“Were you very good at composition at school?” the judge asked sarcastically.
Jacquen admitted that he had added many of the details himself and conceded that some parts of his earlier court testimony were untrue.
Meanwhile, Steveno van Rhyn took the stand and gave a graphic account of alleged torture and kidnapping.
He said he was hitchhiking from court on 4 March 2024 when he was abducted by men in a bakkie who drove him to a beach near Jacobsbaai. There, he was handcuffed, assaulted, and threatened with death.
He described being punched repeatedly, having his testicles pinched, and a firearm forced into his mouth. The men, he claimed, never identified themselves, but he later realised they were law enforcement.
Steveno alleged he was taken to the Sea Border offices, where further physical abuse occurred. He described being sat in a chair, flanked by officers who assaulted him while a woman stood behind him.
He told the court that he felt dizzy from the continuous blows and was not informed of any legal rights before his questioning.
He denied earlier claims by Captain Lombard that he was picked up in Diazville. Instead, he asserted he was moved from one bakkie to another and eventually brought to Sea Border while still in handcuffs.
Here’s what happens next in the trial-within-a-trial
Proceedings are expected to resume on Wednesday with the continuation of Steveno’s testimony. His version of events is being closely examined to determine whether his confession, like Jacquen’s, was obtained unlawfully.
The defence is likely to call additional witnesses to support Steveno’s claims, though the state has already signalled its intention to argue that both accused have constructed narratives aimed at discrediting police procedures after the fact.
Once testimony is complete, final arguments in the trial-within-a-trial will be heard, with Judge Erasmus expected to rule on the admissibility of the statements.
The ruling will be pivotal in shaping the direction of the main trial, which centres on the disappearance of six-year-old Joshlin Smith.