The court edged closer to concluding the trial-within-a-trial as Captain Phillip Seekoei was grilled over Steveno van Rhyn‘s alleged confession, and the judge prepared to hear final arguments.
What to expect from the Joshlin Smith trial on Day 27
This phase, aimed at determining the admissibility of confessions made by two of the accused, Steveno and Jacquen Appollis, continues to focus on how police obtained those statements—and whether claims of coercion hold any weight.
Readers can follow the live trial coverage today as the courtroom battle intensifies.
Recap of Day 26: Key testimonies and new revelations
On Day 26, the courtroom saw a return to the stand by Sergeant Dawid Fortuin, whose cross-examination was wrapped up by Advocate Nobahle Mkabayi, representing Steveno.
Mkabayi’s line of questioning zeroed in on whether Fortuin, who interviewed Steveno on 4 March 2024, failed in his duty to identify signs that Steveno was unfit for questioning due to alleged torture.
Fortuin denied any wrongdoing, stating that Steveno never asked for medical attention or expressed any inability to speak.
Following this, Captain Seekoei took the stand for cross-examination. Seekoei had taken over the confession process on 5 March 2024 after Colonel Ian Clark halted his own interview with Steveno, citing the accused’s fatigue, hunger, and need for medication. According to the court, Steveno had been seen by a doctor and returned to the Sea Border offices before Seekoei proceeded with the alleged confession.
Mkabayi’s questioning was relentless, particularly over how Seekoei failed to assess Steveno’s physical and emotional state before taking his statement.
She referred to video footage showing Steveno walking sluggishly into the room and appearing visibly unwell. Seekoei acknowledged he was aware of the injuries but claimed they did not seem severe enough to prevent Steveno from making a statement.
The court, under Judge Nathan Erasmus, also heard that the “pointing-out” evidence—originally intended to support the state’s case—would no longer form part of this trial-within-a-trial.
It was revealed that the location in question had already been known to the police, nullifying its evidentiary value in this context.
Judge Erasmus, battling a persistent cough, confirmed that today’s session may be limited depending on his health.
However, he did issue a clear plan: Arguments from the defence are expected later in the day or by Friday morning, with a ruling set to follow soon after.
As Day 27 unfolds, all eyes will be on Advocate Fannie Harmse, who is expected to begin closing arguments for Jacquen Appollis.
The state, too, will need to address key concerns raised over procedural flaws, missing notes, and the physical condition of the accused during interviews.
With the trial-within-a-trial entering its final stretch, the court’s ruling on whether the disputed confessions are admissible could dramatically influence the direction of the main trial going forward.