As the Joshlin Smith trial moves into its 20th day, the courtroom remains focused on the legality of statements made by Jacquen Appollis and Steveno van Rhyn during their interviews with police on 4 and 5 March 2024.
What to expect from the Joshlin Smith trial on Day 20
The current proceedings form part of a trial-within-a-trial, aimed at determining whether those statements were obtained voluntarily or through coercion. Cross-examination of Captain Wesley Lombard, the state’s lead investigating officer, will continue today.
Readers can follow the live trial coverage today as the courtroom battle intensifies.
Recap of Day 19: Key testimonies and new revelations
Phumza Sigaqa Named for the First Time in Court
One of the most striking developments on Day 19 was the public naming of Phumza Sigaqa.
While previously known to be involved during the early stages of the case, this is the first time her full name was mentioned in open court. Both Jacquen and Steveno reportedly named her during their interviews on 4 March 2024, claiming she could provide information about Joshlin’s disappearance.
Captain Lombard told the court that after Steveno mentioned Phumza, police approached Jacquen with this information, and he confirmed her name.
However, the defence raised concerns about whether this cooperation was freely given or the result of coercion and fear. While Lombard insisted that no signs of physical abuse were observed, the matter is now under formal legal scrutiny.
Phumza’s name has previously been associated with theories that Joshlin was sold to a sangoma, although no direct link has been proven. The fact that she is now listed as a state witness has added a layer of anticipation regarding her potential testimony.
Defence Challenges the Admissibility of the Statements
The heart of the day’s proceedings was focused on how police obtained the statements made by Jacquen and Steveno.
Allegations of Torture and Threats
Advocate Fannie Harmse, for Jacquen, alleged that police used a method known as the “helicopter”—a position in which the suspect’s limbs are bound around a rod and suspended.
Harmse also claimed a plastic bag was placed over Jacquen’s head and that he was beaten by unidentified men, one of whom spoke Xhosa.
Captain Lombard denied witnessing any abuse and stated that he had been moving between buildings at the Seaboarder offices in Vredenburg, where the suspects were held.
Use of Unmarked Officers
Both defence teams questioned whether unmarked units—officers not in uniform—were responsible for alleged torture.
Lombard responded that some senior-ranking officers do not wear uniforms, but stated that there were uniformed officers assigned to monitor the suspects throughout the day.
The judge stepped in to stress the importance of facts over speculation, especially concerning who had control over the suspects at what time.
Steveno’s Apprehension Timeline in Dispute
Advocate Nobahle Mkabayi, representing Steveno, challenged the official narrative of how he was brought in.
The defence argued that Steveno was not picked up in Diazville, as stated by police, but was actually hitchhiking near Vredenburg when he was taken by unidentified individuals, driven around, and only then handed over to police.
Captain Lombard said he was unaware of this claim and maintained that Steveno was part of a broader search operation.
The defence also explored inconsistencies between Jacquen’s and Steveno’s statements regarding who was present at Kelly Smith’s house on 19 February 2024, the day Joshlin went missing.
The state argues that these discrepancies may reflect deliberate efforts to conceal the truth.
