As the Joshlin Smith trial enters its 21st day, attention returns to Brigadier Leon Hanana, who remains on the witness stand for cross-examination by Advocate Fannie Harmse, representing Accused 1, Jacquen Appollis.
What to expect from the Joshlin Smith trial on Day 21
Hanana is expected to face pointed questions aimed at discrediting his version of events and redirecting responsibility for alleged police misconduct.
The courtroom will likely hear Harmse’s attempt to establish that Jacquen’s confession was not made voluntarily but instead resulted from torture.
In doing so, the defence is expected to confront Hanana on oversight issues, including his knowledge of how the suspects were handled in custody and the procedures used to secure their statements.
Once Harmse concludes, Advocate Nobahle Mkabayi, for Accused 2, Steveno van Rhyn, is expected to pursue a similar line of questioning, possibly focused on how Steveno was interrogated, his location during key events, and his connection to Phumza Sigaqa.
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 20: Key testimonies and new revelations
Day 20 began with Captain Wesley Lombard wrapping up his testimony under cross-examination from Advocate Mkabayi, who interrogated him on claims that her client, Steveno, was tortured into confessing.
Mkabayi accused Lombard and his colleague, Sergeant Fortuin, of using intimidation tactics during Steveno’s 4 March 2024 interview. She challenged Lombard for failing to record exact questions and answers and highlighted the absence of prosecutors during the confession process.
Lombard defended his approach, saying the strategy used was routine and meant to extract truthful cooperation, not forced confessions.
A crucial point of contention was the J88 medical form. The defence presented evidence that Steveno had soft tissue injuries on his forearms.
Lombard countered that the injuries did not align with the type of torture alleged, such as suspension or restraint, as there were no marks around the wrists or arms.
Before stepping down, Lombard confirmed he would have stopped all interviews had he witnessed or suspected any assault, and said he had reported concerns to his superior, Brigadier Hanana.
Brigadier Hanana’s Testimony and New Details About the Investigation
Brigadier Leon Hanana, a 37-year police veteran, took the stand next. Much of his account aligned with Lombard’s earlier testimony. He confirmed that he arrived in Saldanha Bay on 29 February 2024 and was stationed at the FCS building, where Kelly Smith was being held.
He discussed his involvement in the broader investigative efforts and confirmed knowledge of Phumza Sigaqa, the woman named by both Jacquen and Steveno as someone who might know where Joshlin was.
The court confirmed, for the first time, that Phumza is the sister of Ayanda, Lourentia Lombaard’s boyfriend. Her presence in the case, first as Accused 4 and now as Witness 55, continues to raise questions.
Hanana explained how he was informed by Lombard about injuries seen on Jacquen and confirmed he organised for J88 medical forms to be completed both before and after statements were taken.
He also revealed the logistics of detaining suspects: Kelly in Langebaan, Jacquen in Laaiplek, and Steveno and Phumza in St Helena Bay.
A previously unknown detail emerged: during Steveno’s confession to Colonel Clark, he reportedly fell asleep. Hanana instructed that the interview be paused and resumed later with a different officer unfamiliar with the case.
When asked why he believed Jacquen had a black eye, Hanana said he assumed it was from community altercations, not police abuse.
What’s Next in the Trial-Within-a-Trial
Day 21 will resume with Brigadier Hanana’s cross-examination. Harmse is expected to intensify his argument that Jacquen’s confession was coerced, challenging Hanana’s oversight and actions.
Mkabayi’s cross-examination of Hanana will likely follow. She is expected to pursue the same objective on behalf of Steveno, using gaps in oversight and procedure to challenge the reliability of police evidence.
Judge Nathan Erasmus has also raised concerns over the long-distance travel arrangements for Jacquen and Steveno, who are being held at Malmesbury Correctional Centre.
Due to their frequent late returns and early court appearances, the court has asked both men to bring their belongings in preparation for possible relocation.
